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Toronto City Council · 2021-11-09 · 2021.CC37.5

The filed record

2650-2672 St. Clair Avenue West - Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Applications - Request for Directions

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The decision

2021-11-09 · Toronto City Council · amended

As filed

City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential attachment 1 to motion 1 by Councillor Frances Nunziata. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to motion 1 by Councillor Frances Nunziata. 3. City Council direct that Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to motion 1 by Councillor Frances Nunziata were adopted by City Council and are now public, as follows: 1. City Council accept the settlement offer dated November 10, 2021 from Daniel Artenosi, Overland LLP in Confidential Attachment 2 to motion 1 Councillor Frances Nunziata. 2. City Council direct the City Solicitor to take all necessary action so as to give effect to these instructions. Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 2 to motion 1 by Councillor Frances Nunziata is now public and can be accessed under Background Information (City Council).

On the agenda

As the city filed it

On March 6, 2020, the applicant, Dunpar Holding Inc. (Dunpar), appealed its Zoning By-law Amendment and Draft Plan of Subdivision applications to the Ontario Land Tribunal (OLT). The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. On July 28 and 29, 2020 Council directed the City Solicitor, together with appropriate staff, to attend the OLT hearing to oppose the appeal respecting the Zoning By-law Amendment application, as proposed.

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Concurrently, the City Solicitor obtained instructions from the Chief Planner and Executive Director, City Planning to attend the OLT hearing to oppose the appeal respecting the associated Draft Plan of Subdivision application. On September 22, 2020, Dunpar submitted an Official Plan Amendment application proposing to amend Chapter 7, Site and Area Specific Policies, Policy No. 540 and Schedule 2 of the Official Plan "The Designation Of Planned But Unbuilt Road" to change the requirement for a public road on the subject site to a private road. On February 17, 2021, Dunpar appealed its Official Plan Amendment application to the OLT. The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. This appeal was consolidated with the appeals of the applications for Zoning By-law Amendment and Draft Plan of Subdivision for the subject site at the OLT. On February 25, 2021, the applicant submitted a Right of Way Plan, prepared by Dunpar, dated February 18, 2021 for the property municipally known as 2650-2672 St. Clair Avenue West, showing a private road on the westerly portion of the subject site (Public Attachment 1). On October 8, 2021, the applicant submitted drawings in support of a further revised proposal on a with prejudice basis. Those drawings were further revised and resubmitted on or around October 19, 2021, along with the architectural plans prepared by Dunpar and dated October 14, 2021, on a with prejudice basis as a part of a formal submission to the City. The purpose of this report is to request further instructions in respect of this matter prior to the OLT hearing that is scheduled to commence on November 29, 2021.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information

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contained in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor 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

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