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Toronto City Council · 2023-07-19 · 2023.CC8.8

The filed record

83-95A Bloor Street West - Ontario Land Tribunal Hearing - Request for Further Directions

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The decision

2023-07-19 · Toronto City Council · amended

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 4, 2023) from the City Solicitor, if the City Solicitor confirms that the pre-conditions of such release are met, otherwise the confidential instructions to staff and Confidential Appendix A remain confidential as they contain information that pertains to litigation and is privileged.

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3. City Council request the Owner to make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation, and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit. a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the Owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; and b. in the event that the Owner is unable to provide an acceptable off-site parkland dedication to the City, the Owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit. 4. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 83-95A Bloor Street West from Permit Parking. 5. City Council direct that the balance of of Confidential Attachment 1 to the report (July 4, 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. Confidential Attachment 1 and Confidential Appendix A to the report (July 4, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation and contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 4, 2023) from the City Solicitor will be made public if the City Solicitor confirms that the pre-conditions of such release are met. The balance of Confidential Attachment 1 to the report (July 4, 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 17, 2021, the City received Zoning By-law Amendment and Site Plan Control applications to permit a 79-storey mixed use building with 1,153 square metres of commercial uses and 1,118 residential units. The applicant appealed City Council's neglect or failure to make a decision on its applications for the Zoning By-law Amendment and Site Plan Approval (the "Appeal"), to the Ontario Land Tribunal on July 5, 2022.

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At its meeting on June 14, 2023, City Council accepted a without prejudice offer to settle dated May 30, 2023 and directed the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement and revised plans. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for September 18, 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 the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council and if the City Solicitor confirms that the pre-conditions of such release are met, otherwise the confidential recommendations and Confidential Appendix A are to remain confidential as they contain information which is pertaining to litigation and privileged.

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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 at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

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