840-860 Dupont Street - Zoning Amendment Application - Further Request for Direction

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The decision

2021-05-05 · Toronto City Council · adopted

As filed

City Council on May 5 and 6, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 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 (April 28, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 28, 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 (April 28, 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 840 and 860 Dupont Street in support of the minor revisions made to the proposed development, as reflected in Confidential Attachment 2 to the report (April 28, 2021) from the City Solicitor. 2. City Council authorize the City Solicitor and City Staff to include the revised residential unit count, the revised gross floor area, and the reduced parking rate in the draft Zoning By-law, Confidential Attachment 2 to the report (April 28, 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 (April 28, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of the Confidential Attachment 1 to the report (April 28, 2021) 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. The balance of the Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Tridel (the "Applicant") is the owner of lands municipally known as 840 and 860 Dupont Street on the north side of Dupont Street, west of Shaw Street (the "Subject Site"). In July, 2013, the previous owner of the Subject Site 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 at 840 and 860 Dupont Street.

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On August 27, 2015, the Official Plan Amendment Application and the Zoning By-law Amendment Application were appealed to the Ontario Municipal Board ("OMB"), now known as the Local Planning Appeal Tribunal ("LPAT"). 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 a letter dated February 26, 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 331 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 and the Official Plan Amendment Application, but withheld a final order pending notification from the City Solicitor that requisite conditions are satisfied. 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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