Item - 2018.EY28.3

Tracking Status

EY28.3 - Draft Plan of Standard Condominium Application - 2522 - 2542 Keele Street - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
12 - York South-Weston

City Council Decision

City Council on April 24, 25, 26 and 27, 2018, adopted the following:

 

1.  City Council request the Local Planning Appeal Tribunal to use the five day hearing on June 19, 2018 as a pre-hearing and mediation session.

 

2.  If the Local Planning Appeal Tribunal does not grant the request in Part 1 above, City Council request the Local Planning Appeal Tribunal to:

 

a.  enforce the Council decision of March 26 and 27, 2018 in MM38.36 in accordance with Section 34(17) of the Planning Act; and

 

b.  ensure that the approval plans submitted by the declarant/condominium corporation comply strictly with the commercial/retail area requirement and density specified in the Conditional Building Permit Agreement dated July 29, 2015.

 

3.  City Council direct the City Solicitor and other appropriate City staff to attend the Local Planning Appeal Tribunal hearing on June 19, 2018, or such alternate date as may be secured by the applicant, in support of the approval of the Draft Plan of Standard Condominium application (File 17 125471 WET 12 CD) for 2522-2542 Keele Street as generally illustrated on Attachment 1 to the report (February 2, 2018) from the Director, Community Planning, Etobicoke York District, subject to:

 

a.  the Draft Conditions of Approval as generally listed in Attachment 2 to the report (February 2, 2018) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted must be fulfilled prior to final approval and the release of the Plan of Condominium, and with Condition 1 amended to now read:

 

1.  the plans submitted for final approval and registration must be substantially in accordance with the approved draft plans specified above.  Any revisions to these plans must be approved by the Etobicoke York Community Council.

 

b. City Council's request that the draft plan of condominium registration be subject to the following additional conditions:

 

1.  the declarant/condominium corporation provide that at least one of the shared parking spaces at-grade be reserved exclusively for visitor parking from 7:00 a.m. to 2:00 a.m. with appropriate signage; and

 

2.  the declarant/condominium corporation explore options for additional reserved residential visitor parking to a minimum of 16 parking spaces at or below grade with appropriate signage.

 

4. City Council request that condominium approval be:

 

a. tied to draft plans submitted wherein the residential component of the building is limited to less than 10,000 square metres;

 

b. subject to section 51(24) of the Planning Act and verification that the building conforms with the Official Plan or the Official Plan as amended; and

 

c. subject to section 51(25) of the Planning Act and verification that the shared facilities agreement is approved to the satisfaction of City Council.

 

5. City Council request that the declarant/condominium corporation respects Section 6A(6)g of the former North York Zoning By-law, as amended, and that City Planning staff bring forward any and all necessary changes to the site plan agreement registered on title to the next Council meeting.

 

6.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

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)

(February 2, 2018) Report from the Director, Community Planning, Etobicoke York District regarding Draft Plan of Standard Condominium Application - Request for Direction Report - 2522 - 2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-112468.pdf

Background Information (City Council)

(March 16, 2018) Supplementary report from the Acting Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street - Draft Plan of Standard Condominium Application - Status Report (EY28.3a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113958.pdf

Communications (City Council)

(April 22, 2018) E-mail from Lidia Alessio (CC.Supp.EY28.3.1)
(April 26, 2018) Submission from Eileen Denny (CC.New.EY28.3.2)

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Frank Di Giorgio (Carried)

That: 

 

1.  City Council request the Local Planning Appeal Tribunal to use the five day hearing on June 19, 2018 as a pre-hearing and mediation session.

 

2.  If the Local Planning Appeal Tribunal does not grant the request in Part 1 above, City Council request the Local Planning Appeal Tribunal to:

 

a.  enforce the Council decision of March 26 and 27, 2018 in MM38.36 in accordance with Section 34(17) of the Planning Act; and

 

b.  ensure that the approval plans submitted by the declarant/condominium corporation comply strictly with the commercial/retail area requirement and density specified in the Conditional Building Permit Agreement dated July 29, 2015.

Vote (Amend Item) Apr-27-2018 3:25 PM

Result: Carried Majority Required - EY28.3 - Di Giorgio - motion 1a
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Jim Karygiannis, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Frances Nunziata (Chair)
Total members that were Absent: 16 Members that were absent are Christin Carmichael Greb, Josh Colle, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, John Filion, Mark Grimes, Michelle Holland, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, James Pasternak, Neethan Shan, David Shiner, Michael Thompson

1b - Motion to Amend Item moved by Councillor Frank Di Giorgio (Carried)

That:

 

1.  City Council request that the draft plan of condominium registration be subject to the following additional conditions:

 

a.  the declarant/condominium corporation provide that at least one of the shared parking spaces at-grade be reserved exclusively for visitor parking from 7:00 a.m. to 2:00 a.m. with appropriate signage; and

 

b.  the declarant/condominium corporation explore options for additional reserved residential visitor parking to a minimum of 16 parking spaces at or below grade with appropriate signage.

 

2. City Council request that condominium approval be tied to draft plans submitted wherein the residential component of the building is limited to less than 10,000 square metres. 

 

3. City Council request that condominium approval be subject to section 51(24) of the Planning Act and verification that the building conforms with the Official Plan or the Official Plan as amended.

 

4. City Council request that condominium approval be subject to section 51(25) of the Planning Act and verification that the shared facilities agreement is approved to the satisfaction of City Council.

 

5. City Council request that the declarant/condominium corporation respects Section 6A(6)g of the former North York Zoning By-law as amended and that City Planning staff bring forward any and all necessary changes to the site plan agreement registered on title to the next Council meeting.


Motion to Waive the Rules moved by Councillor Michael Thompson (Carried)

That, City Council vary the proceedings to permit Members to ask questions of staff after a motion has been placed.


Motion to Adopt Item as Amended (Carried)

Point of Order by Councillor Janet Davis

Councillor Davis, rising on a Point of Order, stated that Members were now asking questions of staff on Councillor Di Giorgio's motions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that there are legal issues with the motions and that staff did not see them beforehand.

EY28.3 - Draft Plan of Standard Condominium Application - 2522 - 2542 Keele Street - Request for Direction Report

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 EY28.3 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)

(February 2, 2018) Report from the Director, Community Planning, Etobicoke York District regarding Draft Plan of Standard Condominium Application - Request for Direction Report - 2522 - 2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-112468.pdf

Background Information (City Council)

(March 16, 2018) Supplementary report from the Acting Chief Planner and Executive Director, City Planning on 2522 - 2542 Keele Street - Draft Plan of Standard Condominium Application - Status Report (EY28.3a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-113580.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Frank Di Giorgio (Carried)

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.

EY28.3 - Draft Plan of Standard Condominium Application - 2522 - 2542 Keele Street - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
12 - York South-Weston

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.  City Council direct the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board hearing on June 19, 2018, or such alternate date as may be secured by the applicant, in support of the approval of the Draft Plan of Standard Condominium application (File No. 17 125471 WET 12 CD) for 2522-2542 Keele Street as generally illustrated on Attachment 1 to the report (February 2, 2018) from the Director, Community Planning, Etobicoke York District, subject to:

 

a.  The Draft Conditions of Approval as generally listed in Attachment 2 to the report (February 2, 2018) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted must be fulfilled prior to final approval and the release of the Plan of Condominium, and with Condition 1 amended to now read:

 

"1.  The plans submitted for final approval and registration must be substantially in accordance with the approved draft plans specified above.  Any revisions to these plans must be approved by the Etobicoke York Community Council."

 

2.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to Council's decision.

Decision Advice and Other Information

Etobicoke York Community Council requested the Director, Community Planning, Etobicoke York District, to submit a report directly to City Council on March 26, 2018, verifying the following matters:

 

1.  A report from the Building Division dated December 14, 2015, outlining that the size of the mixed use building as approved by the Board was limited to 10,000 sq.m.

 

2.  A report outlining that the application before City Council on July 19, 2013, did not request relief in parking and the applicant is providing 184 parking spaces on site.

 

3.  A report outlining that the final site specific zoning by-law approved by the Board provides for the needs of the local community and the needs of the new building residents in conformity with Official Plan policies.

Origin

(February 2, 2018) Report from the Director, Community Planning, Etobicoke York District

Summary

This Draft Plan of Standard Condominium application proposes to permit the registration of 128 residential units within an 8-storey mixed use building at 2522-2542 Keele Street. The proposed development also includes 1,143m² of non-residential space and a two-level underground parking garage.

 

On November 10, 2017, the applicant appealed the Draft Plan of Standard Condominium application to the Ontario Municipal Board (OMB) pursuant to Subsection 51(34) of the Planning Act, citing the City of Toronto’s failure to render a decision. The Ontario Municipal Board has scheduled a four-day hearing, commencing June 19, 2018, to consider this appeal.

 

This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to attend the OMB hearing in support of the Draft Plan of Standard Condominium application. 

Background Information

(February 2, 2018) Report from the Director, Community Planning, Etobicoke York District regarding Draft Plan of Standard Condominium Application - Request for Direction Report - 2522 - 2542 Keele Street
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-112468.pdf

Speakers

Fabian Abele, Manager of Operations and Compliance, YYZed Project Management
Eduardo Linhares, Krcmar Surveyors Ltd.
Isaiah Banach, Davies Howe LLP

Motions

1 - Motion to Amend Item moved by Councillor Frank Di Giorgio (Carried)

That Etobicoke York Community Council: 

 

A.  Delete Recommendation 1b contained in the report (February 2, 2018) from the Director, Community Planning, Etobicoke York District.

 

B.  Amend the Draft Conditions of Approval, contained in Attachment 2, by deleting from Condition 1 the words "the Chief Planner's designate, the Director of Community Planning, Etobicoke York District" and inserting instead the words "the Etobicoke York Community Council", so that Condition 1 now reads:

 

1.  The plans submitted for final approval and registration must be substantially in accordance with the approved draft plans specified above.  Any revisions to these plans must be approved by the Etobicoke York Community Council.

 

C.  Request the Director, Community Planning, Etobicoke York District, to submit a report directly to City Council on March 26, 2018, verifying the following matters:

 

1.  A report from the Building Division dated December 14, 2015, outlining that the size of the mixed use building as approved by the Board was limited to 10,000 sq.m.

 

2.  A report outlining that the application before City Council on July 19, 2013, did not request relief in parking and the applicant is providing 184 parking spaces on site.

 

3.  A report outlining that the final site specific zoning by-law approved by the Board provides for the needs of the local community and the needs of the new building residents in conformity with Official Plan policies.


Motion to Adopt Item as Amended moved by Councillor Frank Di Giorgio (Carried)
Source: Toronto City Clerk at www.toronto.ca/council