287 Davenport Road and 141-145 Bedford Road - Official Plan and Zoning Amendments - Request for Directions Regarding Ontario Land Tribunal Hearing (formerly Local Planning Appeal Tribunal)

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The decision

2021-07-14 · Toronto City Council · adopted

As filed

City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) 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 5, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in opposition of the revised proposed development. The balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On November 1, 2019, the City received an application to amend the Official Plan and Zoning By-law to permit a 15-storey mixed use building, 53.67 meters in height plus a 5 meter mechanical penthouse at 287 Davenport Road and 141-145 Bedford Road. In a report to City Council dated November 16, 2020, City Planning recommended refusal of the application (the "Planning Report"). City Planning concluded in the Planning Report that the proposed height and massing were not appropriate for the subject site and directed that the City Solicitor oppose the applications at the Local Planning Appeal Tribunal, as it then was.

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The applicant appealed City Council's decision to the then Local Planning Appeal Tribunal, now the Ontario Land Tribunal (the "Tribunal" or the "OLT") on April 21, 2020. The City subsequently received plans and reports to reflect the Revised Proposal on April 9, 2021, the last day according to the Tribunal's Procedural Order on which the applicant could revise its proposal without consent of all parties. The purpose of this report is to request further instructions for the OLT hearing that is scheduled to commence July 26, 2021. 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 Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 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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