The filed record
45 The Esplanade - Ontario Land Tribunal Appeal - Request for Directions
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The decision
2023-05-10 · Toronto City Council · adopted
As filed
City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
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The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 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 April 25, 2023 set out in Confidential Attachment 2 to the report (April 27, 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 form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. a revised traffic impact study has been submitted to the satisfaction of the General Manger, Transportation Services; c. a revised Functional Servicing and Stormwater Management Report has been submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the Owner of the development lands has financially and legally secured any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined by the report that improvements to such infrastructure are required to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice which is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On December 30, 2021, the City received Official Plan and Zoning By-law Amendment applications for 45 The Esplanade (the "Site") to permit the construction of a 36- and 35- storey mixed-use development containing 682 units, 8,042 square metres of hotel use, and 585 square metres of retail at-grade. The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan and Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on August 3, 2022.
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The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing event scheduled for June 21, 2023 for reasons contained in Confidential Attachment 1.
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 the Confidential Attachment 1 to this report from the City Solicitor and the entirety of Confidential Attachment 2, if adopted by City Council. 3. City Council direct
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that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
On the record
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