2, 4 and 6 Teagarden Court - Official Plan and Zoning By-law Amendment Application - Request for Direction

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The decision

2021-10-01 · Toronto City Council · adopted

As filed

City Council on October 1 and 4, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor; and b. Confidential Attachment 2 to the report (September 21, 2021) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated September 14, 2021, in Confidential Attachment 2 to the report (September 21, 2021) from the City Solicitor, subject to Parts 2 through 4 set out below. 2. City Council authorize the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer dated September 14, 2021 in Confidential Attachment 2 to the report (September 21, 2021) from the City Solicitor. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its final order on the Official Plan and Zoning By-law amendment applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the form and content of the draft Official Plan and Zoning By-law amendments are finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the Owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachment 2 to the report (September 21, 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 (September 21, 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.

On the agenda

As the city filed it

Phantom Developments Inc. (the "Applicant") is the owner of the property municipally known as 2, 4 and 6 Teagarden Court (the "Subject Site"). The Applicant applied for an Official Plan and Zoning By-law amendment application (the "Applications") in order to facilitate a fourteen storey residential building on the Subject Site. On June 8, 2021, City Council adopted the recommendations of Community Planning staff to refuse the Applications.

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The Applicant appealed City Council's decision to the Ontario Land Tribunal. The appeal was assigned Case Number PL210092. A 4-day hearing of the appeal is schedule to commence on October 19, 2021. City Planning staff have been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of: a. 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; and b. Confidential Attachment 2.

On the record

The item as the City filed it

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