Item - 2016.MM23.35

Tracking Status

MM23.35 - 1-35, 45-69, 6-66 Adra Villaway and 1-25, 2-24, 30-44, 37-53 Grado Villaway and 1-29, 2-28 Tomar Villaway - Amendment to Section 37 Contributions - by Councillor Ana Bailão, seconded by Councillor Michael Thompson

Decision Type:
ACTION
Status:
Adopted
Ward:
33 - Don Valley East

City Council Decision

City Council on December 13, 14 and 15, 2016, adopted the following:

 

1. City Council amend its decision on Item NY12.35, adopted by City Council on March 10, 2016 by deleting and replacing parts of its decision as indicated on the attached document, as follows:

 

a. delete Part 4.a.i.c. and adopt instead the following new Part 4.a.i.c.:

 
"an on-site public art installation through Arts Starts, a non-profit community-building group within the Villaways or another non-profit arts-based community group in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor; and";

 

b. delete Part 5b and adopt instead the following new Part 5b:

 

" prior to the registration of the first condominium for the site, the Owner shall convey approximately 3,174m2 of land (Block E on the Draft Plan of Subdivision), at nominal cost, to the Toronto and Region Conservation Authority, to the satisfaction of the City Solicitor and the Toronto and Region Conservation Authority;";

  
c. delete Part 5.f.i. and adopt instead the following new Part 5.f.i.:

 
" the market building may be occupied to a maximum of 50 percent before full completion and occupancy of the social housing replacement units; and";

 

d. delete Part 5.f.ii. and adopt instead the following new Part 5.f.ii.:

 

"The six social housing replacement units on the 3, 5, 11, 17, 21 Allenbury Gardens and 3, 5 Kingslake Road site shall be completed and available for occupancy no later than the day 50 percent of the dwelling units located in “Building D” at 3, 5, 11, 17, 21 Allenbury Gardens and 3, 5 Kingslake Road as referenced in the City of Toronto By-law No.615-2013 are made available for Occupancy.";

 
e. delete Part 6.e and adopt instead the following new Part 6.e:

 

" the Owner shall agree to clauses pertaining to a s. 111 Agreement being incorporated into the s. 37 Agreement.";

 
f.  delete Part 8.c.; and

 
g.  delete Part 10 and adopt instead the following new Part 10:

 

"City Council authorize the Chief Building Official and Executive Director, Toronto

Building to issue a permit under Section 33 of the Planning Act, after the Chief Planner and Executive Director, City Planning has given the preliminary approval in Part 8 above which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

 
a. the Owner erect a residential building on site no later than five (5) years from the day demolition of the buildings is commenced; and

 
b.  should the Owner fail to complete the new building within the time specified in condition 10a. above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of $20,000 for each dwelling unit for which a demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued."

 

2.  City Council determine that pursuant to Section 34 (17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment.

City Council Decision Advice and Other Information

City Council re-opened Item NY12.35 for further consideration.

Background Information (City Council)

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Ana Bailão (Carried)

That Councillor Ana Bailão be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning:

 

1-35, 45-69, 6-66 Adra Villaway and 1-25, 2-24, 30-44, 37-53 Grado Villaway and 1-29, 2-28 Tomar Villaway - Amendment to S. 37 Contributions  

 

Reason for Urgency:

 

This Motion is urgent because there are deadlines for construction and notices to be given to tenants.


Motion to Re-open Item (Carried)

Speaker Nunziata advised Council that consideration of Motion MM23.35 requires a re-opening of Item NY12.35 (City Council – March 10, 2016). A two-thirds vote of the Council Members present is required to re-open the Item.


Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-15-2016 10:06 AM

Result: Carried Majority Required - MM23.35 - Adopt the item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Vincent Crisanti, Janet Davis, Justin J. Di Ciano, John Filion, Chin Lee, Pam McConnell, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, James Pasternak, Anthony Perruzza
Source: Toronto City Clerk at www.toronto.ca/council