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Toronto City Council · 2020-09-30 · 2020.CC24.9

The filed record

39 - 45 Thora Avenue - Zoning By-law Amendment and Site Plan Applications - Request for Directions

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The decision

2020-09-30 · Toronto City Council · adopted

As filed

City Council on September 30, October 1 and 2, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 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 (September 23, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2020) from the City Solicitor remain confidential 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 (September 23, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Owner's offer to settle the subject appeal on the terms described in Public Attachment 1 (the "Settlement Offer") to the report (September 23, 2020) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the development proposal as described in the Settlement Offer, subject to technical and stylistic revisions as may be required. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment and Site Plan Applications until such time that the Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning; b. the owner submits to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; c. the owner submits appropriate plans/documentation including a Transportation Brief/updated Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; and d. conditions of Site Plan Approval are identified in a form satisfactory to the Chief Planner and Executive Director, City Planning. 3. City Council direct City staff to require the development to be constructed in accordance with Tier 2 performance measures of the Toronto Green Standard through the site plan review process. 4. City Council authorize the City Solicitor and other City Staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (September 23, 2020) 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

The purpose of this report is to seek further instructions for the Local Planning Appeal Tribunal (LPAT) hearing on the appeal of the Zoning By-law Amendment and site plan application for 39-45 Thora Avenue (the "Subject Site"). The four-day LPAT hearing scheduled to commence on September 15, 2020 was adjourned to allow the City Solicitor to seek further instruction from City Council. The LPAT intends to schedule another hearing date in mid-October.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the confidential recommendations are adopted by City Council, City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege.

    On the record

    The item as the City filed it

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