The filed record
129-137 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street - Zoning Amendment Application - Further Request for Directions
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The decision
2020-07-28 · Toronto City Council · adopted
As filed
City Council on July 28 and 29, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 14, 2020) 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 14, 2020) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 14, 2020) 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 14, 2020) 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 issuance of the final Order from the Local Appeal Tribunal respecting the Zoning By-law Amendment appeal for 129-131 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street in the absence of the Owner having: a. entered into an agreement with the abutting property at 141 McCaul Street to allow for the loading manoeuvring to occur offsite of the subject property; or b. entered into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected. 2. City Council direct the City Solicitor and appropriate City staff to secure the following as a matter of legal convenience in the Section 37 Agreement, in addition to those matters identified in City Council's decision on May 14, 2019 in Item 2019.CC7.10: a. prior to the earlier of Site Plan Approval and issuance of the first Above Grade Building Permit, the Owner shall enter into an agreement with the abutting property owner at 141 McCaul Street securing the future conveyance of appropriate easement(s) to allow for the loading manoeuvring to occur offsite of the subject property, all to the satisfaction of the General Manager, Transportation Services, in consultation with the City Solicitor; and b. prior to the earlier of Site Plan Approval and issuance of the first Above Grade Building Permit, the Owner must enter into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected, to the satisfaction of the City Solicitor. 3. City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (July 14, 2020) from the City Solicitor remains confidential at this time in accordance with the provision 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 14, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On August 31, 2017, a zoning by-law amendment application was submitted to permit a 39-storey mixed use building on the site currently known as 129-137 McCaul Street, 292-298 Dundas Street West and 170 St. Patrick Street (the "Subject Site"). The proposal consisted of 382 residential units, retail, accessory uses for the adjacent church such as community and office space, as well as a child care facility. On December 29, 2017, the owners of the Subject Site (the "Owners") appealed the Zoning By-law amendment application to the Local Planning Appeal Tribunal ("LPAT") citing the Council's failure to make a decision within the time required by the Planning Act.
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On May 14, 2019, City Council adopted recommendations from the City Solicitor to accept an offer dated May 3, 2019 (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 29-storey mixed use building, as detailed in the Settlement Offer. City Council accepted an on-site parkland dedication, approved a development charge credit, and directed the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act. As was instructed by City Council on May 14, 2019, the City Solicitor attended the settlement hearing before the LPAT on July 8, 2019 in support of the Settlement Offer, and requested that the LPAT withhold its final order pending the fulfillment of a number of conditions by the Owner, including the execution of an agreement with the abutting property owner to ensure future separation distances (the "Limiting Distance Agreement"), an agreement with the abutting property owner to allow for the loading manoeuvring to occur offsite (the "Loading Manoeuvring Agreement"), and a Section 37 agreement. The purpose of this report is to seek further instructions. City Planning and Transportation Services have been involved in the preparation of this report.
Staff recommended
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 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 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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