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Toronto City Council · 2019-07-16 · 2019.CC9.22

The filed record

3000 Dufferin Street - Zoning By-law Amendment and Draft Plan of Subdivision Application - Request for Further Direction Regarding Local Planning Appeal Tribunal Hearing

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The decision

2019-07-16 · Toronto City Council · adopted

As filed

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 9, 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 9, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 9, 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 (July 9, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council refuse the with prejudice Settlement Offer dated July 5, 2019. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal in opposition to the Zoning By-law Amendment and draft plan of subdivision applications in their current form, and to retain outside consultants as necessary. 3. City Council authorize the City Solicitor and appropriate City Staff to continue discussions with the Applicants to reach a resolution of the Local Planning Appeal Tribunal appeal, and to report back to City Council on the outcome of the discussions, if necessary. 4. In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Amendment and draft plan of subdivision applications until such time as it has been advised by the City Solicitor that: a. the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits to the satisfaction of the City Solicitor, in consultation with City Planning staff and the Ward Councillor, and the agreement has been executed and registered on title to the lands to the satisfaction of the City Solicitor; c. all engineering matters, including the necessary revisions to the Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has submitted a revised draft plan of subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning; and e. a list of draft plan of subdivision conditions has been prepared in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. The balance of Confidential Attachment 1 to the report (July 9, 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

3000 Dufferin Street Limited and Finch-Main Plaza Limited (together the "Applicants") are the owner of the property municipally known as 3000 Dufferin Street (the "Subject Site"). The Subject Site is located at the northwest corner of Dufferin Street and Playfair Avenue. The Subject Site is currently occupied by an 18 storey rental apartment building containing 287 dwelling units. On July 18, 2017 the Applicants submitted a zoning by-law amendment application, with accompanying draft plan of subdivision application, to permit the development of two additional residential apartment buildings of 16 and 23 storeys and 7 townhouse units on the Subject Site.

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The original 18 storey apartment building was proposed to be retained (the "Original Proposal"). The Original Proposal included 613 parking spaces, which includes the existing parking spaces used for the existing apartment building. On November 16, 2018, the Applicants appealed their zoning by-law amendment application to the Local Planning Appeal Tribunal ("LPAT") for non-decision by City Council. On January 16, 2019, the Applicants also appealed their draft plan of subdivision application to the LPAT as well. These appeals are collectively known as LPAT Case No. PL PL171293. On May 27, 2019 and June 20, 2019, the City and the Applicants attended mediation before the LPAT. On July 5, 2019, the Applicant's counsel, Aird Berlis LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans dated July 2, 2019 and prepared by IBI Group (the "Architectural Plans"). The Settlement Offer is attached to this report as Public Attachment 1, and the Architectural Plans are attached to this report as Public Appendix A to Public Attachment 1. The Settlement Offer and Architectural Plans are described further in the "Comments" section below. The purpose of this report is to request instructions for the upcoming LPAT hearing, which is scheduled for October 21, 2019 to November 1, 2019. 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 the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.

    On the record

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