Item - 2017.EY23.73
Tracking Status
- City Council considered this item on April 24, 2018 and received the item for information. No further action will be taken on this item.
- City Council considered this item on March 26, 2018 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- City Council considered this item on January 31, 2018 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- City Council considered this item on November 7, 2017 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- City Council considered this item on October 2, 2017 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- City Council considered this item on July 4, 2017 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- This item was considered by Etobicoke York Community Council on June 13, 2017. It is being forwarded to City Council without recommendations. It will be considered by City Council on July 4, 2017.
- See also Item EY25.40
- See also Item EY28.3
- See also Item EY29.54
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Received
- Ward:
- 12 - York South-Weston
City Council Decision
City Council on April 24, 25, 26 and 27, 2018, received Item EY23.73 for information.
City Council Decision Advice and Other Information
City Council considered Items EY23.73, EY25.40, EY28.3 and EY29.54 together.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113953.pdf
Communications (Community Council)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Communications (City Council)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-79510.pdf
Motions (City Council)
That the item be received for information.
Vote (Receive Item) Apr-27-2018 11:42 AM
Result: Carried | Majority Required - EY23.73 - Di Giorgio - motion 1 - Receive the item |
---|---|
Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam |
Total members that voted No: 1 | Members that voted No are Mary Fragedakis |
Total members that were Absent: 8 | Members that were absent are Josh Colle, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, Mark Grimes, Norman Kelly, Giorgio Mammoliti, David Shiner |
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 12 - York South-Weston
City Council Decision
City Council on March 26 and 27, 2018, deferred consideration of Item EY23.73 to the April 24, 25 and 26, 2018 meeting of City Council.
City Council Decision Advice and Other Information
City Council considered Items EY23.73, EY25.40 and EY28.3 together.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-112949.pdf
Communications (Community Council)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Communications (City Council)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-79029.pdf
Motions (City Council)
That consideration of Items EY23.73, EY25.40 and EY28.3 be deferred until the April 24, 25 and 26, 2018 meeting of City Council.
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 12 - York South-Weston
City Council Decision
City Council on January 31 and February 1, 2018, deferred Item EY23.73 to the March 26, 27 and 28, 2018 City Council meeting.
City Council Decision Advice and Other Information
City Council considered Items EY23.73 and EY25.40 together.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-110681.pdf
Communications (Community Council)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Communications (City Council)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-74763.pdf
Motions (City Council)
That City Council defer consideration of this Item to the March 26, 27 and 28, 2018 meeting of City Council.
Vote (Defer Item) Jan-31-2018 6:36 PM
Result: Carried | Majority Required - EY23.73 - Grimes - motion 1 - Defer the item |
---|---|
Total members that voted Yes: 29 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Christin Carmichael Greb, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 16 | Members that were absent are Ana Bailão, Jon Burnside, John Campbell, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, Norman Kelly, Chin Lee, Giorgio Mammoliti, Joe Mihevc, Cesar Palacio, Jaye Robinson, Kristyn Wong-Tam |
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 12 - York South-Weston
City Council Decision
City Council on November 7, 8 and 9, 2017, deferred Item EY23.73 until the January 31, February 1 and 2, 2018 meeting of City Council.
City Council Decision Advice and Other Information
City Council considered Items EY23.73 and EY25.40 together.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-107963.pdf
Communications (Community Council)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Communications (City Council)
(November 6, 2017) Letter from Susan Rosenthal, Davies Howe LLP, on behalf of Mizen Holdings Corporation (CC.Supp.EY23.73.4)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-73408.pdf
Motions (City Council)
That consideration of Items EY23.73 and EY25.40 be deferred until the January 31, February 1 and 2, 2018 meeting of City Council.
Vote (Defer Item) Nov-08-2017 2:19 PM
Result: Carried | Majority Required - EY23.73 - Di Giorgio - motion 1 - Defer the item |
---|---|
Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 4 | Members that were absent are Shelley Carroll, Joe Cressy, Michelle Holland, Michael Thompson |
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 12 - York South-Weston
City Council Decision
City Council on October 2, 3 and 4, 2017, deferred Item EY23.73 to the November 7, 8 and 9, 2017 meeting of City Council.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105861.pdf
Communications (Community Council)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Communications (City Council)
Motions (City Council)
That City Council defer consideration of the Item to the November 7, 8 and 9, 2017 meeting of City Council.
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 12 - York South-Weston
City Council Decision
City Council on July 4, 5 and 6, 2017, deferred Item EY23.73 to the October 2, 3 and 4, 2017 Council meeting or to a special meeting to be called by the Mayor.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105501.pdf
Communications (Community Council)
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Communications (City Council)
Motions (City Council)
That City Council defer consideration of this Item remaining on the agenda to the October 2, 3 and 4, 2017 Council meeting or to a special meeting to be called by the Mayor.
EY23.73 - Draft Approval of Condominium - 2522-2542 Keele Street - Integrity, Transparency, Accountability and Fairness in the Planning Process
- Decision Type:
- ACTION
- Status:
- Without Recs
- Ward:
- 12 - York South-Weston
Community Council Recommendations
Etobicoke York Community Council submits this Item to City Council without recommendation.
Decision Advice and Other Information
Etobicoke York Community Council:
1. Requested the Director, Community Planning, Etobicoke York District, to determine whether the March 9, 2017 decision of the Ontario Municipal Board implements a zoning amendment that includes Section 37 public benefits in violation of the Board Order of August 27, 2013, and report directly to City Council for its July 4, 2017 meeting.
2. Requested the Chief Building Official to review and give consideration to revoking the unconditional building permit issued on March 17, 2017, on the basis of error, and that a report on the review be submitted to the September 6, 2017 meeting of the Etobicoke York Community Council.
Origin
Summary
I am writing to convey my discontent on behalf of my community and myself as the local councillor on the bizarre planning process followed to evaluate the development proposal at the subject site. Briefly stated, the outcome of the planning process at the subject site is unfair, unreasonable, irrational and unjust.
While there are safeguards in place under the Planning Act and The City of Toronto Act to protect against violation of due process, it appears that the safeguards are surmountable using sophisticated planning. Sophisticated planning is vulnerable to procedural defects, errors, omissions and greed. Against this general backdrop and specific circumstances, I have bumped up the final site plan approval to Community Council meeting of June 13, 2017 consistent with the referral of the original application to Community Council meeting of September 10, 2013.
Adherence to procedural rules is a matter of law and the procedural rules must be followed before the merits of the proposal can be heard. Accordingly, I am concerned that the approval of the condominium registration will nullify the attached outstanding community appeals related to the subject site and deem them redundant and reflective of the disrespect for the involvement of my community under due process.
Additionally, the development proposal at the subject site fails to satisfy two rules or tests. Essentially, the proposal fails the test of full disclosure under the Planning Act that requires clear communication that is transparent and ensures the appropriate and reliable involvement of impacted members of the public in accordance with the Official Plan. As well, the proposal fails the test of NO Sec.37 public benefits consistent with the original decision of the OMB issued on Aug. 27, 2013, based on what constitutes a community benefit under the Official Plan.
It is noteworthy that all Provincial Acts applicable to the planning process including the Building Code Act and the Condominium Act must work together to achieve the transparency, accountability and integrity of the planning process. In that context, I am requesting that Council scrutinize the subject application on draft approval of condominium registration and adopt my recommendations to achieve reasonable and equitable results.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/ey/bgrd/backgroundfile-105001.pdf
Communications
(June 8, 2017) Letter from Earnest Lustig (EY.New.EY23.73.2)
Motions
A. That Etobicoke York Community Council recommend that City Council defer consideration of the draft plan of condominium registration for 2522-2542 Keele Street until:
- the City receives written confirmation that the residential condominium does not exceed 10,000 sq. m.
- the City receives the necessary agreements required to permit shared facilities or services by the residential condominium and the remnant portion of the building.
B. That Etobicoke York Community Council request the Chief Building Official to review and give consideration to revoking the unconditional building permit issued on March 17, 2017, on the basis of error, and that a report on the review be submitted to the September 6, 2017 meeting of the Community Council.
C. That Etobicoke York Community Council request the Director, Community Planning, Etobicoke York District to determine whether the March 9, 2017 decision of the Ontario Municipal Board implements a zoning amendment that includes Section 37 public benefits in violation of the Board Order of August 27, 2013, and report directly to City Council for its July 4, 2017 meeting.
(The Chair ruled Part A of this motion out of order. Parts B and C carried.)
Rulings
Challenged by Councillor Frank Di Giorgio
Vote Jun-13-2017
Result: Carried | Majority Required - EY23.73 - Vote to uphold the ruling of the Chair. |
---|---|
Total members that voted Yes: 5 | Members that voted Yes are John Campbell, Justin J. Di Ciano, Mark Grimes (Chair), Frances Nunziata, Cesar Palacio |
Total members that voted No: 4 | Members that voted No are Frank Di Giorgio, Michael Ford, Stephen Holyday, Giorgio Mammoliti |
Total members that were Absent: 2 | Members that were absent are Vincent Crisanti, Sarah Doucette |