500 Dupont Street - Zoning Amendment Application - Further Request for Direction

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The decision

2021-02-02 · Toronto City Council · adopted

As filed

City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) 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 500 Dupont Street in support of the minor revisions made to the proposed development, as reflected in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor . 2. City Council authorize the City Solicitor and City Staff to include the revised residential unit count, height and vehicular parking spaces in the draft Zoning By-law in Confidential Attachment 2 to the report (January 25, 2021) from the City Solicitor to be submitted to the Local Planning Appeal Tribunal, with the final form to the satisfaction of the Chief Planner and Executive Director, City Planning. 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 (January 25, 2021) 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 (January 25, 2021) 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 (January 25, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

500 Dupont Street Holdings (the "Applicant") is the owner of lands municipally known as 500 Dupont Street on the north side of Dupont Street, west of Bathurst Avenue (the "Subject Site"). On September 22, 2015, the Applicant filed an application to amend the City of Toronto Official Plan (the "Official Plan Amendment Application") and Zoning By-law 438-86, as amended, (the "Zoning By-law Amendment Application"), to permit a mixed-use development on the 500 Dupont Lands.

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On February 8, 2016, the Applicant filed an appeal with the Ontario Municipal Board ("OMB"), now known as the Local Planning Appeal Tribunal ("LPAT), as a result of City Council's failure to make a decision on the Zoning By-law Amendment Application within the statutory timeframe. On March 11, 2016, the Applicant filed an appeal with the OMB with respect to City Council's decision to refuse the Applicant's Official Plan Amendment Application. On March 31, 2016 and April 1, 2016, City Council adopted a recommendation from the City Solicitor to accept a settlement offer (the "Settlement Offer"), which was set out in letters dated February 29, 2016 and March 1, 2016, and further amended by a letter dated March 31, 2016. City Council authorized the City Solicitor and appropriate City Staff to attend the OMB hearing in support of the revised proposal of a 9-storey mixed-use development containing 150 residential units, as detailed in the Settlement Offer. City Council also authorized the entering into an agreement pursuant to Section 37 of the Planning Act. On May 11, 2016, the City Solicitor and City Staff attended the settlement hearing before the OMB. On February 1, 2017, the OMB issued an Interim Order (the "Interim Order") allowing the Applicant's appeal of the Zoning By-law Amendment Application, but withheld a final order pending notification from the City Solicitor that requisite conditions are satisfied. The Official Plan Amendment Application appeal was withdrawn by letter dated May 12, 2016. 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

The item as the City filed it

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