Item - 2014.TE31.6

Tracking Status

TE31.6 - Request for Direction Report - 944-952 Queen Street West - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
19 - Trinity-Spadina

City Council Decision

City Council on May 6, 7 and 8, 2014, adopted the following:

 

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Ontario Municipal Board in support of a settlement respecting the Zoning By-law Amendment application for 944-952 Queen Street West (12 293566 STE 19 OZ) as outlined the report (May 2, 2014) from the Chief Planner and Executive Director, City Planning.

 

2.         City Council direct the City Solicitor to support the draft Zoning By-law Amendment contained in Attachment 1 to the report (May 2, 2014) from the Chief Planner and Executive Director, City Planning, which implements this settlement before the Ontario Municipal Board.

 

3.         City Council authorize the City Solicitor to execute Minutes of Settlement to secure the project as outlined in the report (May 2, 2014) from the Chief Planner and Executive Director, City Planning.

 

4.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the applicant on the final form of the draft Zoning By-law and Site Plan conditions to be presented to the Ontario Municipal Board as part of the settlement at the Ontario Municipal Board.

 

5.         City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the Notice of Approval Conditions for the Site Plan Application have been finalized and the Minutes of Settlement have been executed.

Background Information (Community Council)

(March 17, 2014) Report from the Director, Community Planning, Toronto and East York District - 944-952 Queen Street West - Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-67730.pdf

Background Information (City Council)

(May 2, 2014) Supplementary report from the Chief Planner and Executive Director, City Planning on 944-952 Queen Street West - Zoning Amendment Application (TE31.6a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-69180.pdf

Communications (Community Council)

(April 7, 2014) Letter from Eileen P. K. Costello, Aird & Berlis LLP (TE.Supp.TE31.6.1)
https://www.toronto.ca/legdocs/mmis/2014/te/comm/communicationfile-46429.pdf

Communications (City Council)

(May 7, 2014) E-mail from Jessica Wilson, President, Ossington Community Association (CC.New.TE31.6.2)
(May 7, 2014) E-mail from Jessica Wilson, President, Ossington Community Association (CC.New.TE31.6.3)
(May 8, 2014) Letter from Eileen P.K. Costello, Aird and Berlis LLP, Barristers and Solicitors (CC.New.TE31.6.4)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-47277.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Mike Layton (Carried)

That City Council delete the Toronto and East York Community Council recommendations and adopt instead the recommendations contained in the supplementary report (May 2, 2014) from the Chief Planner and Executive Director, City Planning [TE31.6a]:

 

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the OMB in support of a settlement respecting the Zoning By-law Amendment application for 944-952 Queen Street West (12 293566 STE 19 OZ) as outlined in this report dated May 2, 2014, from the Chief Planner and Executive Director, City Planning Division.

 

2.         City Council direct the City Solicitor to support the draft Zoning By-law Amendment contained in Attachment 1, which implements this settlement before the Ontario Municipal Board.

 

3.         City Council authorize the City Solicitor to execute Minutes of Settlement to secure the project as outlined in this report.

 

4.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning Division to continue to work with the applicant on the final form of the draft Zoning By-law and Site Plan conditions to be presented to the Ontario Municipal Board as part of the settlement at the Ontario Municipal Board.

 

5.         City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the Notice of Approval Conditions for the Site Plan Application have been finalized and the Minutes of Settlement have been executed.

Vote (Adopt Item as Amended) May-08-2014 2:40 PM

Result: Carried Majority Required - TE31.6 - Layton - motion 1 - adopt Item as amended
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 10 Members that were absent are Raymond Cho, Mike Del Grande, Frank Di Giorgio, Rob Ford, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, David Shiner, Karen Stintz

TE31.6 - Request for Direction Report - 944-952 Queen Street West - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
19 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend the Ontario Municipal Board hearing to oppose the Zoning By-law Amendment and Site Plan Control applications at 944-952 Queen Street West.

 

2.         City Council authorize staff to continue discussions with the applicant concerning appropriate heights and massing for this development site, and to consult with the Ward Councillor and the community; and for the City Solicitor to advise Council on any potential settlement.

 

3.         City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.

Origin

(March 17, 2014) Report from the Director, Community Planning, Toronto and East York District

Summary

The owner of the property at 944-952 Queen Street West has appealed their application to amend Zoning By-laws 438-86 and 569-2013 and their application for Site Plan Control to the Ontario Municipal Board (OMB) due to City Council's failure to make a decision within the time allotted by the Planning Act.

 

The application proposes a 9-storey (27 metres plus a 4 metre mechanical penthouse) mixed-use building at 944-952 Queen Street West.  The proposed development consists of retail uses at grade, 151 residential units above, and 131 parking spaces in three levels of below-grade parking.

 

The purpose of this report is to request direction from City Council to oppose the proposed development at the OMB in its current form.

 

This application is not appropriate for the site or its context.  The overall proposal, including the proposed height and massing, does not conform to the Official Plan and is inconsistent with Council-approved guidelines. 

Background Information

(March 17, 2014) Report from the Director, Community Planning, Toronto and East York District - 944-952 Queen Street West - Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2014/te/bgrd/backgroundfile-67730.pdf

Communications

(April 7, 2014) Letter from Eileen P. K. Costello, Aird & Berlis LLP (TE.Supp.TE31.6.1)
https://www.toronto.ca/legdocs/mmis/2014/te/comm/communicationfile-46429.pdf

Motions

1 - Motion to Amend Item moved by Councillor Mike Layton (Carried)

That the Toronto and East York Community Council recommend that City Council adopt the recommendations in the report (March 17, 2014) from the Director, Community Planning, Toronto and East York District, subject to amending Recommendation 2 to read as follows:

 

"2.        City Council authorize staff to continue discussions with the applicant concerning appropriate heights and massing for this development site, and to consult with the Ward Councillor and the community; and for the City Solicitor to advise City Council on any potential settlement."


2 - Motion to Adopt Item as Amended moved by Councillor Mike Layton (Carried)
Source: Toronto City Clerk at www.toronto.ca/council