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Toronto City Council · 2023-03-29 · 2023.CC5.17

The filed record

68, 70, 72, 74, 76 and 78 Churchill Avenue - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-03-29 · Toronto City Council · adopted

As filed

City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachment 2, and Confidential Appendices A and B to the report (March 15, 2023) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (March 15, 2023) 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 15, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated March 9, 2023 in Confidential Attachment 2 to the report (March 15, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that: a. the Zoning By-law Amendment is in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Notice of Approval Conditions for site plan control and conditions are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; and c. the applicant has satisfied the comments of the Chief Engineer and Executive Director, Engineering and Construction Services listed in the Engineering and Construction Services memorandum dated March 4, 2022. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Attachment 2 and Confidential Appendices A and B to the report (March 15, 2023) 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 (March 15, 2023) 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 November 8, 2021, the City received a Zoning By-law Amendment and Site Plan Application for 68, 70, 72, 74, 76 and 78 Churchill Avenue (the "Site") to permit the construction of 44 new townhouse units. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment and Site Plan Application (the "Appeal"), to the Ontario Land Tribunal on October 5, 2022.

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The City Solicitor requires further directions for the upcoming Ontario Land Tribunal Case Management Conference scheduled for April 11, 2023.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, Confidential Attachment 2, and Confidential Appendices A and B, if the confidential recommendations are adopted by City Council.

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3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

    On the record

    The item as the City filed it

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