Item - 2019.CC9.12

Tracking Status

CC9.12 - 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue - Zoning By-law Amendment Application - Request for Further Directions Regarding Local Planning Appeal Tribunal Appeal

Decision Type:
ACTION
Status:
Amended
Ward:
15 - Don Valley West

City Council Decision

City Council on July 16, 17 and 18, 2019, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

4.  City Council direct the General Manager, Transportation Services to install a No Right Turn restriction preventing right turn movements out of the driveway entrance of the proposed development onto Strathgowan Avenue as part of the Site Plan approval process.

 

5.  City Council direct City Planning staff to consult with the Ward Councillor during the Site Plan approval process about any comments and concerns of local area stakeholders.

 

6.  City Council direct City Planning staff to require as a condition of Site Plan approval that the Applicant provide a Construction Management Plan to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services and the Ward Councillor.

 

7.  In addition to the community benefits already authorized to be secured pursuant to Section 37 of the Planning Act by City Council's decision on Item CC12.12 at its meeting held on February 3 and 4, 2016 and the Local Planning Appeal Tribunal's decision dated June 8, 2016 regarding Case PL141372, City Council further authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

 

a.  the Applicant shall provide to the City an additional indexed cash contribution of $250,000.00 to be paid prior to first building permit to be directed to community benefits in the form of capital improvements, including park improvements, in the vicinity of the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor; and

 

b.  the Applicant shall design and construct at its sole cost and expense an extension of the public sidewalk along Strathgowan Avenue between Yonge Street and St. Hilda's Avenue, including the portions of the sidewalk that are beyond the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue, with the location, design, and construction of such sidewalk to be fully compliant with City standards, including the preservation and maintenance of existing City trees, and all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor, and the Applicant shall further provide a letter of credit to the City prior to Site Plan approval securing the cost of the design and construction works related to the sidewalk in an amount and form to the satisfaction of the General Manager, Transportation Services.

  

The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council authorize the City Solicitor and appropriate City Staff to support the Revised Design as shown in the Architectural Plans by Rafael + Bigauskas Architects dated May 2, 2019 for the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue in connection with Ontario Municipal Board/Local Planning Appeal Tribunal File PL141372 and to prepare the final form of zoning by-law amendments reflecting the Revised Design.

 

The balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation

Background Information (City Council)

(July 5, 2019) Report from the City Solicitor on 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue - Zoning By-law Amendment Application - Request for Further Directions Regarding Local Planning Appeal Tribunal Appeal (CC9.12)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135749.pdf
Public Attachment 1 - Applicant's Letter
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135751.pdf
Public Appendix A to Public Attachment 1 - Architectural Plans
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135752.pdf
Confidential Attachment 1

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

That:

 

1.  City Council direct the General Manager, Transportation Services to install a No Right Turn restriction preventing right turn movements out of the driveway entrance of the proposed development onto Strathgowan Avenue as part of the Site Plan approval process.

 

2.  City Council direct City Planning staff to consult with the Ward Councillor during the Site Plan approval process about any comments and concerns of local area stakeholders.

 

3.  City Council direct City Planning staff to require as a condition of Site Plan approval that the Applicant provide a Construction Management Plan to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services and the Ward Councillor.

 

4.  In addition to the community benefits already authorized to be secured pursuant to Section 37 of the Planning Act by City Council's decision on Item CC12.12 at its meeting held on February 3 and 4, 2016 and the Local Planning Appeal Tribunal's decision dated June 8, 2016 regarding Case PL141372, City Council further authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

 

a.  the Applicant shall provide to the City an additional indexed cash contribution of $250,000.00 to be paid prior to first building permit to be directed to community benefits in the form of capital improvements, including park improvements, in the vicinity of the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor; and

 

b.  the Applicant shall design and construct at its sole cost and expense an extension of the public sidewalk along Strathgowan Avenue between Yonge Street and St. Hilda's Avenue, including the portions of the sidewalk that are beyond the property at 2779, 2781 Yonge Street and 15-17, 19-21 Strathgowan Avenue, with the location, design, and construction of such sidewalk to be fully compliant with City standards, including the preservation and maintenance of existing City trees, and all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor, and the Applicant shall further provide a letter of credit to the City prior to Site Plan approval securing the cost of the design and construction works related to the sidewalk in an amount and form to the satisfaction of the General Manager, Transportation Services.


Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council