1-11 Bloor Street West and 768-784 Yonge Street - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-06-14 · Toronto City Council · amended

As filed

City Council on June 14 and 15, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (May 31, 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. 4. City Council authorize the public release of Confidential Appendices A, B, C and D to the report (May 31, 2023) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated May 30, 2023 set out in Confidential Appendix A to the report (May 31, 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 proposed Zoning By-law is in a satisfactory form to the City Solicitor; b. a necessary amending Section 37 Agreement has been registered on title to the satisfaction of the City Solicitor; and c. as part of what is to be secured in the amending Section 37 Agreement, the Owner will amend its partnership with Artscape Atelier to turn one of the units (on or above the 79th floor or alternative location if satisfactory to the Chief Planner and Executive Director, City Planning) into a gallery space where Artscape Atelier will invite the public to exhibitions showcasing the work of the resident artists, and allowing the public to enjoy the extraordinary views available from this exceptionally tall building, with details to be secured in the amending Section 37 Agreement to the satisfaction of the Owner and the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A, B, C and D to the report (May 31, 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 (May 31, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 31, 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 18, 2020, the City received a Zoning By-law Amendment application for 1-11 Bloor Street West and 768-784 Yonge Street (the "Site") to permit an increase in the maximum permitted building height by 9 storeys, totalling 94-storeys (338.3 metres). The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on September 22, 2022.

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A Zoning By-law Amendment Application (Application 15 128261 STE 27 OZ) had been approved by the Ontario Municipal Board (now continued as the Ontario Land Tribunal) on April 18, 2017 permitting an 85-storey (306.9 metres, including mechanical penthouse) mixed use building on the Site. The approved application included approximately 59,911 square metres of residential gross floor area and a total of 416 dwelling units, and 17,662 non-residential gross floor area. The Appeal is in relation to the applicant's desire for additional height and density above the previous approval. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal Case Management Conference scheduled for July 17, 2023 as such this item is urgent and cannot be deferred.

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, if adopted by City Council. 3. City Council direct 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.

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4. City Council authorize the public release of Confidential Appendices A, B, C and D, if adopted by City Council.

On the record

The item as the City filed it

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