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Toronto City Council · 2019-02-26 · 2019.MM3.12

The filed record

1001 to 1037 The Queensway - Request for Direction regarding Local Planning Appeals Tribunal Appeal - by Councillor Mark Grimes, seconded by Councillor Frances Nunziata

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The decision

2019-02-26 · Toronto City Council · adopted

As filed

City Council on February 26, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (February 25, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor remain confidential.

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The confidential instructions to staff in Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer set out in Confidential Appendices A and B to the report (February 25, 2019) from the City Solicitor. 2. City Council direct that, in addition to the Settlement Offer, the applicant be required: a. to provide a Section 37 contribution in accordance with the City's standard policies as follows: a cash contribution of $1,500,000 for community benefits to be allocated to streetscaping in the area along The Queensway, further connection to the Mimico Trail, and community improvements in the immediate vicinity; 12 affordable rental housing units; and $750,000.00 towards Public Art ; and b. to include a restriction in the Section 37 Agreement, in a form satisfactory to the City Solicitor, requiring a separation distance of 25 metres between the proposed Tower A and any future Tall Building on the property to the south. 3. City Council authorize the City Solicitor, in consultation with City Planning staff, to prepare a Zoning By-law Amendment substantially in accordance with the revised plans contained in Confidential Appendix B to the report (February 25, 2019) from the City Solicitor and to execute such Minutes of Settlement as may be necessary to give effect to a settlement. 4. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal hearing into this matter in support of the settlement. 5. City Council approve a credit against the Parks and Recreation component of the development charges for the design and construction by the owner of Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation, such credit to be in an amount that is the lesser of the cost of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By-law. Confidential Appendices A and B to the report (February 25, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

RioCan Holdings (Queensway) Inc. (the "Applicant") is the owner of lands municipally known as 1001, 1007, 1001 and 1037 The Queensway in the City of Toronto (the "Subject Site"). The Applicant submitted a Zoning By-law Amendment application to the City in December of 2015, proposing to redevelop the Subject Site. The Zoning By-law Amendment application proposes to construct four buildings (three 12 storey buildings and one 20 storey tower), featuring a mix of residential, commercial/retail uses.

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(the "Application"). On November 23, 2017, the Applicant appealed the Zoning By-law Amendment application to the Local Planning Appeal Tribunal due to City Council's failure to make a decision within the time allotted by the Planning Act. On July 23, 2018, City Council adopted a Request for Directions Report from City Planning which recommended that the application be opposed at the Local Planning Appeal Tribunal with respect to concerns with the proposed building heights, massing, site organization of buildings and the undersized public park. On September 27, 2018, a Prehearing Conference was held, and on January 9, 2019, the parties to the hearing participated in a one day mediation into the matter. A seven day Local Planning Appeal Tribunal hearing is scheduled to commence on April 15, 2019. The City Solicitor requires further direction regarding the upcoming Local Planning Appeal Tribunal hearing. This Motion seeks City Council authority to consider the City Solicitor's Report for Action with Confidential Attachment dated February 25, 2019 regarding the Local Planning Appeal Tribunal appeal. This Motion is urgent because a seven day Local Planning Appeal Tribunal hearing is scheduled to commence on April 15, 2019. The City and the applicant are required to deliver detailed Witness Statements from all expert witnesses on March 15, 2019 so the current meeting of Council will be the last opportunity to obtain further direction from Council.

Staff recommended

Councillor Mark Grimes, seconded by Councillor Frances Nunziata, recommends that: 1. City Council adopt the following recommendations in the report (February 25, 2019) from the City Solicitor: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. The recommendations contained in Confidential Attachment 1 to this report and Appendices A and B be made public at such time as City Council adopts the recommendations.

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All other information contained in Confidential Attachment 1 is to remain confidential.

    On the record

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