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Toronto City Council · 2023-02-07 · 2023.CC3.13

The filed record

471-479 Queen Street East - Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction

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The decision

2023-02-07 · Toronto City Council · amended

As filed

City Council on February 7 and 8, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor, with the balance of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege.

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3. City Council adopt the recommendation in the Confidential Attachment 1 to the motion by Councillor Chris Moise. 4. City Council authorize the public release of the Confidential Attachment 1 to the motion by Councillor Chris Moise. The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Moise, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated January 23, 2023 and direct the City Solicitor and staff to attend at the Ontario Land Tribunal in support of the revised development proposal. 2. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Zoning By-law amendment until such time that: a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed zoning by-law amendment is in a form satisfactory to the City; b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction; c. the owner has provided an addendum to the Transportation Impact Study from the BA Group, dated November, 2020, to reflect the elimination of the access for servicing vehicles from Queen Street East, to the satisfaction of the General Manager, Transportation Services; d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the accepted Transportation Impact Study accepted by the General Manager, Transportation Services; and e. the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 3. City Council direct the Director, Traffic Management, Transportation Services, upon application for any site plan approval, to work with the Applicant to establish a construction management working group that meets monthly, and invites local stakeholders, including Municipal Licensing and Standards, adjacent neighbours, local resident groups, local Business Improvement Areas and local school administration, Toronto Building and other City Divisions as requested. The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege. Confidential Attachment 1 to the motion by Councillor Chris Moise is now public and can be accessed under Background Information (City Council).

On the agenda

As the city filed it

On November 19, 2020, a Zoning By-law Amendment application was submitted to the City for the lands at 471 - 479 Queen Street East. The application was to permit a 15-storey (54.8 metres tall including mechanical penthouse) mixed-use building with ground floor retail uses and 143 residential dwelling units. The application was appealed to the Ontario Land Tribunal on November 5, 2021 for City Council's failure to make a decision on the application within the prescribed timelines in the Planning Act.

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Case Management Conferences were held at the Ontario Land Tribunal on February 4, 2022 and May 9, 2022 and a 10-day hearing has been scheduled to commence on March 13, 2023. A With Prejudice Offer to Settle for a revised development proposal was provided to the City on January 23, 2023 and the City Solicitor seeks direction on the settlement offer no later than the completion of the City Council meeting which starts on February 7, 2023.

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 City 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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