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Toronto City Council · 2019-10-29 · 2019.CC11.4

The filed record

30 and 44 Zorra Street - Zoning Amendment Application - Further Request for Direction

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The decision

2019-10-29 · Toronto City Council · adopted

As filed

City Council on October 29 and 30, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 22, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (October 22, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (October 22, 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (October 22, 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 attend the Local Planning Appeal Tribunal respecting the Zoning By-law Amendment appeal for 30, 44 Zorra Street in support of the minor revisions made to the proposed development as set out in Architectural Drawings, A100 to A501, prepared by Graziani + Corazza Architects and dated August 1, 2019. 2. City Council authorize the City Solicitor and City Staff to include the revised residential unit count and vehicular parking spaces in the draft Zoning By-law in Confidential Attachment 2 to the report (October 22, 2019) from the City Solicitor, to be submitted to the Local Planning Appeal Tribunal. 3. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachment 2 to the report (October 22, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (October 22, 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 (October 22, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Marlin Spring Investments Ltd. (the "Applicant") is the owner of lands municipally known as 30 and 44 Zorra Street (the "Subject Site"). On October 28, 2015, the former owners of the Subject Site, 11277292 Ontario Limited (the "Former Owners"), submitted a Zoning By-law Amendment application to the City proposing to amend the Etobicoke Zoning Code to permit the development of a 36-storey residential building containing 379 units on the Subject Site (the "Application").

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On May 26, 2017, the Former Owner appealed the Application to the Ontario Municipal Board (the "OMB"), now known at the Local Planning Appeal Tribunal (the "LPAT"), due to City Council's failure to make a decision. In September 2017, the Applicant entered into a conditional agreement to purchase the Subject Lands from the Former Owner and assumed the Application and the appeal. On July 23, 2018, City Council adopted recommendation from the City Solicitor to accept a settlement offer dated March 2, 2018 (the "Settlement Offer") and authorized the City Solicitor and appropriate City Staff to attend the LPAT hearing in support of the revised proposal of a 35-storey residential building containing 423 units, as detailed in the Settlement Offer. City Council also accepted an on-site parkland dedication, approved a development charge credit, and authorized the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act. As was instructed by City Council on July 23, 2018, the Section 37 agreement will secure a cash contribution of $1,370,000.00, on-site parkland dedication with base improvements, the development charge credit, an acknowledgement by the City that any parkland dedication overage may be used for parkland dedication credit for development applications related to specified sites, and the future conveyance for public road purpose of approximately 733.4 square metres of land to the City for the future extension of Caven Street. The future extension of Caven Street will be designed to the City's DIPS standards. At such time as the City requires the future Caven Street to be assumed as a public road, the road will either form part of a future through public road connection to the west or, if the western connection is not achieved, it will alternatively be required to terminate at a properly-designed DIPS turning basin prior to becoming a public road. On November 9, 2018, the City Solicitor and City Staff attended the settlement hearing before the LPAT. On December 6, 2018, the LPAT issued a written decision approving the Application. The LPAT is withholding its order pending notification from the City Solicitor that the requisite conditions have been satisfied. The purpose of this report is to request further instructions. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Attachment 2, to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1

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is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

    On the record

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