Item - 2017.TE23.5
Tracking Status
- City Council adopted this item on April 26, 2017 with amendments.
- This item was considered by the Toronto and East York Community Council on April 4, 2017 and adopted without amendment. It will be considered by City Council on April 26, 2017.
- See also By-law 722-2017
TE23.5 - 28 Bathurst Street - Official Plan and Zoning By-law Amendment - City-Initiated - Final Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 19 - Trinity-Spadina
City Council Decision
City Council on April 26, 27 and 28, 2017, adopted the following:
1. City Council rescind the declaration of surplus in respect of 28 Bathurst Street so the property is not intended for transfer from City ownership to Build Toronto, and City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to Council's decision.
2. City Council amend the Official Plan, to redesignate the lands at 28 Bathurst Street from ‘Regeneration Areas’ to ‘Parks and Other Open Space Areas: Parks’, substantially in accordance with the draft Official Plan Amendment 377 attached as Attachment 4 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
3. City Council amend Zoning By-law 569-2013, as amended, to zone the lands at 28 Bathurst Street to ‘OR’ Open Space, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
4. City Council amend Zoning By-law 438-86, as amended, to rezone the lands at 28 Bathurst Street from ‘I1 D3’ Industrial and ‘MCR’ Mixed Use, to ‘G’ Park, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.
6. City Council authorize the City Solicitor to withhold the Bills to amend to the Zoning By-laws noted in Parts 3 and 4 above, until such time as leases for other non-residential uses on the site have expired or been terminated.
7. City Council direct the Deputy City Manager and Chief Financial Officer, in consultation with the General Manager, Parks, Forestry, and Recreation and Build Toronto, to report to City Council in the third quarter of 2017, regarding the manner in which Build Toronto may be reimbursed for expenses related to development costs to date.
8. City Council direct the City Solicitor to request the Ontario Municipal Board to modify the previously Council-approved Official Plan Amendment 273 to ensure consistency with Council's decision, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with appropriate City Officials.
9. City Council direct the Deputy City Manager and Chief Financial Officer and the General Manager, Parks, Forestry and Recreation to submit for Council's consideration as part of the 2018 to 2027 Capital Budget and Plan, a report on the development and operating costs for the proposed new park, funded by the South District Cash-in-Lieu Park Development Reserve Fund.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-102071.pdf
Communications (City Council)
(April 11, 2017) E-mail from Jorge Soto (CC.Main.TE23.5.2)
(April 11, 2017) E-mail from Felix Whitton (CC.Main.TE23.5.3)
(April 11, 2017) E-mail from Debbie Rix (CC.Main.TE23.5.4)
(April 12, 2017) E-mail from Rob Goldstein (CC.Main.TE23.5.5)
(April 12, 2017) E-mail from Jillian Liberty (CC.Main.TE23.5.6)
(April 12, 2017) E-mail from Dr. Samantha Green (CC.Main.TE23.5.7)
(April 12, 2017) E-mail from Stephanie Hodnett (CC.Main.TE23.5.8)
(April 12, 2017) E-mail from Philippe Lavoie (CC.Main.TE23.5.9)
(April 12, 2017) E-mail from Neil Thomlinson (CC.Main.TE23.5.10)
(April 14, 2017) E-mail from Jennifer Poon (CC.Main.TE23.5.11)
(April 13, 2017) E-mail from Miklos Nikolaus Legrady (CC.Main.TE23.5.12)
(April 17, 2017) E-mail from Mark Blackman (CC.Main.TE23.5.13)
(April 13, 2017) E-mail from Ryan Lapidus (CC.Main.TE23.5.14)
(April 20, 2017) E-mail from Casey Hinton and Nick (CC.Supp.TE23.5.15)
(April 21, 2017) Letter from Don Cranston, Chair, The Friends of Fort York and Garrison Common (CC.Supp.TE23.5.16)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-68951.pdf
(April 25, 2017) E-mail from Jessica Wilson, Vice-President, Ossington Community Association (CC.New.TE23.5.17)
https://www.toronto.ca/legdocs/mmis/2017/cc/comm/communicationfile-69011.pdf
(April 25, 2017) E-mail from Rob Corkum (CC.New.TE23.5.18)
(April 25, 2017) E-mail from Maryjean Lancefield (CC.New.TE23.5.19)
(April 24, 2017) E-mail from Teresa Scott (CC.New.TE23.5.20)
(April 24, 2017) E-mail from Eugene Poon (CC.New.TE23.5.21)
(April 27, 2017) E-mail from Hamish Wilson (CC.New.TE23.5.22)
(April 26, 2017) Petition from Councillor Mike Layton, Ward 19, Trinity-Spadina, regarding making 28 Bathurst into a park, containing the names of approximately 900 persons, filed during the Routine Matters portion of the meeting (CC.New)
Motions (City Council)
That City Council direct the Deputy City Manager and Chief Financial Officer and the General Manager, Parks, Forestry and Recreation to submit for Council's consideration as part of the 2018 to 2027 Capital Budget and Plan, a report on the development and operating costs for the proposed new park, funded by the South District Cash-in-Lieu Park Development Reserve Fund.
Vote (Amend Item (Additional)) Apr-28-2017 5:13 PM
| Result: Carried | Majority Required - TE23.5 - Layton - motion 1 |
|---|---|
| Total members that voted Yes: 31 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 13 | Members that were absent are Christin Carmichael Greb, Shelley Carroll, Josh Colle, Vincent Crisanti, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Joe Mihevc, James Pasternak, Jaye Robinson, Michael Thompson |
That City Council defer the Item to the July 5, 6 and 7, 2017 City Council meeting in order to permit the City Manager to consult the relevant Divisions and report on the financial, budgetary and environmental aspects of re-zoning 28 Bathurst Street to parks and open space.
Vote (Defer Item) Apr-28-2017 4:52 PM
| Result: Lost | Majority Required - TE23.5 - Minnan Wong - motion 2a - Defer the item |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Gary Crawford, Norman Kelly, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio |
| Total members that voted No: 25 | Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Kristyn Wong-Tam |
| Total members that were Absent: 14 | Members that were absent are Christin Carmichael Greb, Shelley Carroll, Josh Colle, Vincent Crisanti, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Joe Mihevc, James Pasternak, Jaye Robinson, Michael Thompson, John Tory |
That, if motion a fails, City Council direct that all funds associated with developing this property for a park be taken only from the following South District parkland accounts:
- Parkland Acquisition South District Local Land - $45 million;
- Parkland Acquisition South District Local Development - $35 million; and
- Alternative Parkland Dedication - $145 million.
That City Council delete Toronto and East York Community Council Recommendation 7:
Recommendation to be deleted
7. City Council direct the Deputy City Manager and Chief Financial Officer, in consultation with the General Manager, Parks, Forestry, and Recreation and Build Toronto, to report to City Council in the third quarter of 2017, regarding the manner in which Build Toronto may be reimbursed for expenses related to development costs to date.
and adopt instead the following:
1. City Council direct that Build Toronto be reimbursed, to the extent possible, the $1.2 million for redeveloping the site at 28 Bathurst Street and with funds taken from the following accounts:
- Parkland Acquisition South District Local Land;
- Parkland Acquisition South District Local Development; and
- Alternative Parkland Dedication.
Vote (Amend Item) Apr-28-2017 5:15 PM
| Result: Lost | Majority Required - TE23.5 - Minnan-Wong - motion 2c |
|---|---|
| Total members that voted Yes: 12 | Members that voted Yes are Jon Burnside, John Campbell, Gary Crawford, Janet Davis, Justin J. Di Ciano, Frank Di Giorgio, Stephen Holyday, Norman Kelly, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Tory |
| Total members that voted No: 19 | Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bailão, Joe Cressy, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Kristyn Wong-Tam |
| Total members that were Absent: 13 | Members that were absent are Christin Carmichael Greb, Shelley Carroll, Josh Colle, Vincent Crisanti, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Joe Mihevc, James Pasternak, Jaye Robinson, Michael Thompson |
Deputy Mayor Minnan-Wong, rising on a Point of Order, asked if motion 1 by Councillor Layton carries whether his motion 2b would be redundant.
TE23.5 - 28 Bathurst Street - Official Plan and Zoning By-law Amendment - City-Initiated - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 19 - Trinity-Spadina
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council rescind the declaration of surplus in respect of 28 Bathurst Street so the property is not intended for transfer from City ownership to Build Toronto, and City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the Recommendations below.
2. City Council amend the Official Plan, to redesignate the lands at 28 Bathurst Street from ‘Regeneration Areas’ to ‘Parks and Other Open Space Areas: Parks’, substantially in accordance with the draft Official Plan Amendment No. 377 attached as Attachment 4 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
3. City Council amend Zoning By-law 569-2013, as amended, to zone the lands at 28 Bathurst Street to ‘OR’ Open Space, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
4. City Council amend Zoning By-law 438-86, as amended, to rezone the lands at 28 Bathurst Street from ‘I1 D3’ Industrial and ‘MCR’ Mixed Use, to ‘G’ Park, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 17, 2017) from the Director, Community Planning, Toronto and East York District.
5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.
6. City Council authorize the City Solicitor to withhold the Bills to amend to the Zoning By-laws noted in Recommendations 3 and 4 above, until such time as leases for other non-residential uses on the site have expired or been terminated.
7. City Council direct the Deputy City Manager and Chief Financial Officer, in consultation with the General Manager, Parks, Forestry, and Recreation and Build Toronto, to report to City Council in the 3rd quarter of 2017, regarding the manner in which Build Toronto may be reimbursed for expenses related to development costs to date.
8. Should City Council adopt Recommendation 2 above, City Council direct the City Solicitor to request the Ontario Municipal Board to modify the previously Council-approved Official Plan Amendment No. 273 to ensure consistency with the Recommendations above, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with appropriate City Officials.
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on April 4, 2017, and notice was given in accordance with the Planning Act.
Origin
Summary
On November 15, 2016 Toronto and East York Community Council requested City Planning Staff report to Toronto and East York Community Council to initiate the process of amending the Zoning By-law and Official Plan to change the land use designation from Regeneration Areas to Parks, and the zoning to an appropriate Park zone category, at 28 Bathurst Street.
The City initially acquired 28 Bathurst Street under a Section 31 Agreement (under the Expropriations Act) after the City initiated expropriation proceedings in 1988 due to contamination issues and the proposed Front Street extension. The site was formerly used for industrial purposes.
Following City Council’s decision to abandon plans for the Front Street extension, the property was declared surplus with the intended manner of disposal to be a transfer to Build Toronto. Build Toronto submitted an application to develop a 19-storey mixed use tower on the site. In 2013, City Planning Staff commenced a study of the area which included 28 Bathurst Street.
The study, adopted by Council in 2014, recommended less development potential than was originally contemplated in Build Toronto’s application.
This report discusses the history of the site, relevant Council Decisions, and previous and current planning direction. The report recommends that the current declaration of surplus be rescinded and recommends amendments to the Official Plan and Zoning By-laws 438-86 and 569-2013 to designate the site from ‘Regeneration Areas’ to ‘Parks and Other Open Space Areas: Parks’ and rezone the lands to an appropriate Park zone category, respectively.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/te/bgrd/backgroundfile-102071.pdf