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Toronto City Council · 2022-07-19 · 2022.CC47.23

The filed record

212-220 King Street West - Official Plan and Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction

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The decision

2022-07-19 · Toronto City Council · adopted

As filed

City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) 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 8, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and appropriate City staff to attend before the Ontario Land Tribunal in opposition to the notice of appeal filed by Dundeal 212 King LP, 214 King Holdings Limited and 220 KSW LP on January 13, 2022 in respect of the Official Plan Amendment and Zoning By-law Amendment applications. 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. 3. City Council direct City staff to continue discussions with the applicant to try to resolve the outstanding issues identified in the Preliminary Report on the applications (June 22, 2020) from the Director, Community Planning, Toronto and East York District, that was considered by Toronto and East York Community Council on April 21, 2021. 4. If the appeals are allowed by the Ontario Land Tribunal, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan and Zoning By-law Amendments until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. the resolution of outstanding engineering issues that may be identified upon the completion of Engineering and Construction Services review of the reports submitted to the City. The balance of Confidential Attachment 1 to the report (July 8, 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

On December 10, 2020, Official Plan and Zoning By-law Amendment applications were submitted to the City to permit an 80-storey (312 metres including mechanical penthouse) mixed-use development that partially conserves three heritage buildings located on the site, that includes 588 purpose built rental units, 74,130 square metres of office space and 872 square metres of retail space. On January 24, 2022, the applicant appealed the Official Plan and Zoning By-Law Amendments to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act.

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A Case Management Conference was held on May 20, 2022, and the OLT has scheduled a 10-day hearing commencing on April 24, 2023. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on July 19, 2022, as the Tribunal has directed that the final Procedural Order, including the City's issues list, be finalized by July 29, 2022.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of the recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).

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