Item - 2018.TE32.20
Tracking Status
- City Council adopted this item on May 22, 2018 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on May 2, 2018 and was adopted with amendments. It will be considered by City Council on May 22, 2018.
TE32.20 - 18-32 Eastern Avenue, 1 Gilead Place and 2 Sackville Street - Official Plan and Zoning By-law Amendment Applications - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 28 - Toronto Centre-Rosedale
City Council Decision
City Council on May 22, 23 and 24, 2018, adopted the following:
1. City Council direct the City Solicitor to attend the Local Planning Appeal Tribunal hearing, and to retain external professional consultants as necessary, to oppose the revised proposal at 18-32 Eastern Avenue, 2 Sackville Street and 1 Gilead Place.
2. In the event the Local Planning Appeal Tribunal approves the Official Plan and Zoning by-law amendment, City Council direct staff to secure a Section 37 contribution in exchange for the increase in height and density over the existing permissions for the site, such contribution to be in an amount to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and to be directed towards capital improvements in proximity of the site and secured in an agreement to the satisfaction of the City Solicitor.
3. In the event the Local Planning Appeal Tribunal approves the Official Plan and the Zoning By-law amendment, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order on the Official Plan and Zoning By-law amendment appeals pending:
a. receipt of confirmation from the City Solicitor that the final form of both the Official Plan and Zoning By-law amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. receipt of confirmation from the City Solicitor that the owner and the City have executed the Section 37 Agreement as required in Part 2 above; and
c. receipt of confirmation from the City Solicitor that the owner has submitted a revised Hydrogeology Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114746.pdf
(April 16, 2018) Report from the Acting Director, Community Planning, Toronto and East York District - 18-32 Eastern Avenue, 1 Gilead Place & 2 Sackville Street - Official Plan & Zoning By-law Amendment Applications - Request for Direction Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114172.pdf
Communications (Community Council)
(May 1, 2018) E-mail from Melissa & Sandra Osborne (TE.Supp.TE32.20.2)
(May 1, 2018) E-mail from Joe Potts (TE.Supp.TE32.20.3)
(May 1, 2018) E-mail from Chris and Melissa Routley (TE.Supp.TE32.20.4)
(May 1, 2018) E-mail from Peter Nasmith (TE.Supp.TE32.20.5)
(May 2, 2018) E-mail from Jay Martin (TE.Supp.TE32.20.6)
(May 2, 2018) E-mail from Melissa and Chris Routley (TE.Supp.TE32.20.7)
(May 2, 2018) Letter from Philip Stoop of Corktown Residents & Business Association (TE.Supp.TE32.20.8)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-80148.pdf
(May 1, 2018) Letter from Isaac Tang, Borden Ladner Gervais LLP (TE.Supp.TE32.20.9)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-80149.pdf
Communications (City Council)
TE32.20 - 18-32 Eastern Avenue, 1 Gilead Place and 2 Sackville Street - Official Plan and Zoning By-law Amendment Applications - Request for Direction Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 28 - Toronto Centre-Rosedale
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council direct the City Solicitor to attend the Local Planning Appeal Tribunal hearing, and to retain external professional consultants as necessary, to oppose the revised proposal at 18-32 Eastern Avenue, 2 Sackville Street and 1 Gilead Place.
2. In the event the Local Planning Appeal Tribunal approves the Official Plan and zoning by-law amendment, City Council direct staff to secure a Section 37 contribution in exchange for the increase in height and density over the existing permissions for the site, such contribution to be in an amount to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and to be directed towards capital improvements in proximity of the site and secured in an agreement to the satisfaction of the City Solicitor.
3. In the event the Local Planning Appeal Tribunal approves the Official Plan and the Zoning By-law amendment, City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order on the Official Plan and Zoning By-law amendment appeals pending:
a. Receipt of confirmation from the City Solicitor that the final form of both the Official Plan and Zoning By-law amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. Receipt of confirmation from the City Solicitor that the owner and the City have executed the Section 37 Agreement as required in Recommendation 2 above; and
c. Receipt of confirmation from the City Solicitor that the owner has submitted a revised Hydrogeology Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
Origin
Summary
The application proposes a 12-storey mixed-use building containing 1,327 square metres of at-grade retail space and 331 residential units, including townhouses fronting onto Sackville Street, Gilead Place and Corktown Lane. The overall building height is 45.6 m, including mechanical penthouse.
On May 18, 2017, the City Clerk's Office received notification that the applicant filed an appeal of both the Official Plan and Zoning By-law Amendments to the Ontario Municipal Board ("OMB"), citing Council's failure to make a decision on the applications within the prescribed timelines of the Planning Act. An OMB pre-hearing was held on January 5, 2017 and a second pre-hearing date before the newly established Local Planning Appeal Tribunal ("LPAT") has been scheduled for June 4, 2018.
The purpose of this report is to seek City Council's direction with respect to the position of the City at the LPAT.
This report recommends that Council direct the City Solicitor, together with appropriate City staff, to support the proposal at the LPAT, subject to a number of conditions.
Background Information
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114746.pdf
(April 16, 2018) Report from the Acting Director, Community Planning, Toronto and East York District - 18-32 Eastern Avenue, 1 Gilead Place & 2 Sackville Street - Official Plan & Zoning By-law Amendment Applications - Request for Direction Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-114172.pdf
Communications
(May 1, 2018) E-mail from Melissa & Sandra Osborne (TE.Supp.TE32.20.2)
(May 1, 2018) E-mail from Joe Potts (TE.Supp.TE32.20.3)
(May 1, 2018) E-mail from Chris and Melissa Routley (TE.Supp.TE32.20.4)
(May 1, 2018) E-mail from Peter Nasmith (TE.Supp.TE32.20.5)
(May 2, 2018) E-mail from Jay Martin (TE.Supp.TE32.20.6)
(May 2, 2018) E-mail from Melissa and Chris Routley (TE.Supp.TE32.20.7)
(May 2, 2018) Letter from Philip Stoop of Corktown Residents & Business Association (TE.Supp.TE32.20.8)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-80148.pdf
(May 1, 2018) Letter from Isaac Tang, Borden Ladner Gervais LLP (TE.Supp.TE32.20.9)
https://www.toronto.ca/legdocs/mmis/2018/te/comm/communicationfile-80149.pdf
Speakers
Catherine Bray
Alan Potts
Caroline Lemos
Peter Nasmith
Stephen Quinney
Calvin Lantz, Lawyer, Stikeman Elliot
Motions
That Toronto East York Community Council delete Recommendation 1 in its entirety and replace it with the following:
1. City Council direct the City Solicitor to attend the LPAT hearing, and to retain external professional consultants as necessary, to oppose the revised proposal at 18-32 Eastern Avenue, 2 Sackville Street and 1 Gilead Place.
That Toronto East York Community Council insert a new Recommendation 2:
2. In the event the LPAT approves the Official Plan and zoning by-law amendment, City Council direct staff to secure a section 37 contribution in exchange for the increase in height and density over the existing permissions for the site, such contribution to be in an amount to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor, and to be directed towards capital improvements in proximity of the site and secured in an agreement to the satisfaction of the City Solicitor.
That Toronto East York Community Council amend Recommendation 3 by adding the words "in the event the LPAT approve the Official Plan and Zoning by-law amendment" and delete Recommendation 3(b) and replace it with the following:
3.b. Receipt of confirmation from the City Solicitor that the owner and the City have executed the Section 37 Agreement as required in Recommendation 2.
so that Recommendation 3 now reads:
3. In the event LPAT approves the OPA and the Zoning By-law amendment, City Council authorize the City Solicitor to request that LPAT withhold its Order on the Official Plan and Zoning By-law amendment appeals pending:
a. Receipt of confirmation from the City Solicitor that the final form of both the Official Plan and Zoning By-law amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor;
b. Receipt of confirmation from the City Solicitor that the owner and the City have executed the Section 37 Agreement as required in Recommendation 2.
c. Receipt of confirmation from the City Solicitor that the owner has submitted a revised Hydrogeology Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.
Vote (Amend Item) May-02-2018
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 10 | Members that voted Yes are Ana Bailão, Janet Davis, Paula Fletcher, Mary Fragedakis, Mike Layton, Mary-Margaret McMahon, Joe Mihevc, Gord Perks, Lucy Troisi, Kristyn Wong-Tam (Chair) |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 2 | Members that were absent are Joe Cressy, Josh Matlow |