2010-2050 Yonge Street - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-06-14 · Toronto City Council · adopted

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 29, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in in Confidential Attachment 1 to the report (May 29, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 29, 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 (May 29, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor to attend the Ontario Land Tribunal in support of the Revised Plans as contained in Public Attachments 1 and 2 to the report (May 29, 2023) from the City Solicitor. 2. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its order on the appeal of the Zoning By-law Application until such time as: a. the final form and content of the Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Owner has submitted a Functional Servicing and Stormwater Management Report, Downstream Sanitary Sewer Tributary Drainage Plan, Servicing Report Groundwater Summary, and Hydrological Review Summary for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the Owner has entered into a financially secured agreement to secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to the infrastructure to support the development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (May 29, 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 29, 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 November 8, 2021 Zoning By-law Amendment and Site Plan Control applications were submitted to permit a 14-storey mixed-use building containing ground floor retail, office uses and a childcare centre on the second floor, and 164 residential dwelling units on floors 3-14 on the lands known as 2010 to 2050 Yonge Street. On February 15, 2022, the applicant appealed the Zoning By-law Amendment application and Site Plan Control applications to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act.

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On April 20, 2023 the City received a revised proposal in accordance with timelines imposed by the Ontario Land Tribunal. The package included a covering letter from Goldberg Group, which is attached as Public Attachment 1, and a set of architectural drawings attached as Public Attachment 2, and supporting material (collectively the "Revised Proposal"). The resubmission will be presented at the Ontario Land Tribunal hearing of the appeal. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled to begin August 28th, 2023 and several procedural deadlines in June and July. This matter 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

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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

The item as the City filed it

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