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Toronto City Council · 2022-04-06 · 2022.CC42.15

The filed record

2810 to 2814 Bayview Avenue - Official Plan Amendment and Zoning Amendment Application - Request for Direction

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The decision

2022-04-06 · Toronto City Council · adopted

As filed

City Council on April 6 and 7, 2022 adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) 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 (March 29, 2022) from the City Solicitor; and b. Confidential Attachment 2 to the report (March 29, 2022) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2022) 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 (March 29, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated March 25, 2022, in Confidential Attachment 2 to the report (March 29, 2022) from the City Solicitor, subject to the Parts set out below. 2. City Council authorize the City Solicitor to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer dated March 25, 2022 in Confidential Attachment 2 to the report (March 29, 2022) from the City Solicitor. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final order on the Official Plan and Zoning By-law amendment applications until such time as the Ontario Land 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 (March 29, 2022) 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 (March 29, 2022) 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

Dormer Bay Inc. (the "Applicant") is the owner of the property municipally known as 2810, 2812 and 2814 Bayview Avenue (the "Subject Site"). The Applicant applied for an Official Plan and zoning by-law amendment application (the "Applications") in order to facilitate a seven storey residential building on the Subject Site. The Applicant has appealed the application to the Ontario Land Tribunal (the "OLT") due to City Council's failure to make a decision within the timeframes prescribed in the Planning Act.

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On December 15, 2021 City Council adopted recommendations directing the City Solicitor to attend the OLT to oppose the proposal's vehicular access and parking spaces. The OLT has scheduled a Case Management Conference for May 3, 2022. This report has been prepared in consultation with City Planning and Transportation Services staff.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in 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

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