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Toronto City Council · 2022-07-19 · 2022.CC47.24

The filed record

1 Dean Park Road - 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 staff to attend at the Ontario Land Tribunal in support of the Revised Proposal. 2. In the event that the Ontario Land Tribunal allows the appeal of the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its Order approving the application until: a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning; b. the owner submits to the satisfaction of the Executive Director, Engineering and Construction Services, an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; c. the owner submits to the satisfaction of the General Manager, Transportation Services, an addendum to the Traffic Operations assessment that addresses transportation matters raised in the memo dated March 28, 2022 from the Manager, Development Engineering, Engineering and Construction Services; and d. the Ontario Land Tribunal has been advised by the City Solicitor that the Chief Planner and Executive Director, City Planning, acting under delegated authority, has dealt with the Rental Housing Demolition application and associated rental housing issues including securing an acceptable tenant relocation plan and construction mitigation strategies. 3. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 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 August 5, 2015, a Zoning By-law Amendment application was submitted to the City to permit two 14-storey rental apartment buildings on an existing apartment site containing a 16-storey building which includes a 2-storey townhouse podium and a free-standing block of townhouses for 1 Dean Park Road (the "Original Proposal"). Subsequently the applicant appealed the Zoning By-Law Amendment application to the former Local Planning Appeal Tribunal citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act.

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Case Management Conferences were held at the Ontario Land Tribunal (OLT) on November 16, 2020, April 26, 2021 and March 8, 2022, and the OLT has scheduled a 10-day hearing commencing on January 9, 2023. On June 17, 2022 plans for a revised development proposal (the "Revised Proposal") were submitted to the City in response to concerns of City Staff on the Original Proposal. The Revised Proposal is for a 17 storey building (222 units) on the east side of the site fronting Meadowvale Road and an 8 storey building (129 units) on the west side of the site fronting Dean Park Road. The proposed buildings are intended to be rental units. As with the Original Proposal, the existing apartment building and townhouse podium are to be retained, and the proposed development would bring the total number of units on site to 622. Plans and drawings for the Revised Proposal are contained in Public Appendix 1.

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).

    On the record

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