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Toronto City Council · 2022-12-14 · 2023.CC2.11

The filed record

4926 Bathurst Street - Official Plan and Zoning Amendment Application - Request for Direction

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The decision

2022-12-14 · Toronto City Council · adopted

As filed

City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (December 5, 2022) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor remain confidential, as it contains advice subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the settlement offer set out in Confidential Appendices A and B (the "Settlement Offer") to the report (December 5, 2022) from the City Solicitor and authorize the City Solicitor to take all necessary steps to give effect to a settlement. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing into this matter in support of the Settlement Offer and to request the Ontario Land Tribunal to hold its final order in this matter until: a. the final form and content of the draft Official Plan and Zoning By-law Amendments are determined to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. Confidential Appendices A and B to the report (December 5, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice subject to solicitor-client privilege.

On the agenda

As the city filed it

The purpose of this report is to request further instructions for the potential Ontario Land Tribunal ("OLT") hearing into this matter currently scheduled to commence on March 20, 2023, for two weeks. The applicant appealed the proposed Zoning By-law and Official Plan amendments to the OLT due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.

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 instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices "A" and "B", with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.

    On the record

    The item as the City filed it

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