Item - 2018.TE29.100
Tracking Status
- City Council adopted this item on January 31, 2018 with amendments.
- This item was considered by Toronto and East York Community Council on January 16, 2018. It is being forwarded to City Council without recommendations. It will be considered by City Council on January 31, 2018.
TE29.100 - 49 Spadina Ave - Request for Report on Ontario Municipal Board Appeal
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on January 31 and February 1, 2018, adopted the following:
1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend an Ontario Municipal Board hearing to oppose the appeal of the currently proposed Zoning By-law Amendment for 49 Spadina Avenue and to support the position outlined in the supplementary report (January 23, 2018) from the Acting Chief Planner and Executive Director, City Planning.
2. City Council authorize the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify the matters, services and facilities pursuant to section 37 of the Planning Act to be secured in the event the Ontario Municipal Board approves the Zoning By-law amendment.
3. In the event the Ontario Municipal Board approves the Zoning By-law Amendment application, in whole or in part, City Council direct the City Solicitor to request that any final order be withheld until such time as the City Solicitor advises the Ontario Municipal Board that:
i. any such by-laws are in a final form acceptable to the City Solicitor and the Chief Planner and Executive Director, City Planning; such by-laws include the requirement for appropriate matters, services and facilities to be provided by the owner at its expense pursuant to Section 37 of the Planning Act, and
ii. the owner has entered into and registered on title a satisfactory Section 37 Agreement with the City to secure such matters all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
4. In the event the Ontario Municipal Board approves the Zoning By-law Amendment application, in whole or in part, City Council require that an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City to the satisfaction the General Manger, Parks, Forestry and Recreation.
5. 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.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-111550.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-112328.pdf
Motions (City Council)
That City Council adopt the following recommendations contained in the supplementary report (January 23, 2018) from the Acting Planner and Executive Director, City Planning [TE29.100a]:
1. Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend an Ontario Municipal Board hearing to oppose the appeal of the currently proposed Zoning By-law Amendment for 49 Spadina Avenue and support the position outlined in the report dated January 23, 2018, from the Acting Chief Planner and Executive Director, City Planning Division.
2. City Council authorize the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify the matters, services and facilities pursuant to section 37 of the Planning Act to be secured in the event the Ontario Municipal Board approves the Zoning By-law amendment.
3. In the event the Ontario Municipal Board approves the Zoning By-law Amendment application, in whole or in part, City Council directs the City Solicitor to request that any final order be withheld until such time as the City Solicitor advises the Board that:
i. Any such by-laws are in a final form acceptable to the City Solicitor and the Acting Chief Planner and Executive Director, City Planning Division. Such by-laws include the requirement for appropriate matters, services and facilities to be provided by the owner at its expense pursuant to section 37 of the Planning Act, and
ii. The owner has entered into and registered on title a satisfactory section 37 Agreement with the City to secure such matters all to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division and the City Solicitor.
4. In the event the Ontario Municipal Board approves the Zoning By-law Amendment application, in whole or in part, City Council require that an on-site parkland dedication pursuant to section 42 of the Planning Act be conveyed to the City to the satisfaction the General Manger, Parks, Forestry and Recreation.
5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations of this report.
TE29.100 - 49 Spadina Ave - Request for Report on Ontario Municipal Board Appeal
- Decision Type:
- ACTION
- Status:
- Without Recs
- Ward:
- 20 - Trinity-Spadina
Community Council Recommendations
The Toronto and East York Community Council submits the Item to City Council without recommendation.
Decision Advice and Other Information
The Toronto and East York Community Council:
1. Directed the Director, Community Planning, Toronto and East York District, to report directly to the January 31, February 1 and February 2, 2018 meeting of City Council, with a Request for Direction Report regarding the appeal of the re-zoning application for 49 Spadina Avenue to the Ontario Municipal Board.
2. Directed staff to schedule a community consultation meeting together with the Ward Councillor for the lands at 49 Spadina Avenue.
3. Directed Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site, and to additional residents, institutions, and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant.
Origin
Summary
A re-zoning application was submitted in February 2017 for 49 Spadina Avenue to construct a new 20-storey commercial tower beside the existing 6-storey heritage building on site, which would be maintained in place.
The application was appealed to the Ontario Municipal Board (OMB) the following July. The first pre-hearing conference has been scheduled for February 27, 2018.
In order for City Council to give direction to City staff in time for the pre-hearing, it will be necessary for a Request for Direction report to be submitted directly to the January 31, 2018, agenda of City Council.
A community consultation meeting has not yet been held regarding this proposal. The local community should have an opportunity to give their comments and feedback to the applicant and City Planning staff prior to this matter being heard by the OMB.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-111550.pdf