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Toronto City Council · 2023-07-19 · 2023.CC8.9

The filed record

1837-1845 Bayview Avenue - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-07-19 · Toronto City Council · adopted

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 Appendices A and B to the report (July 4, 2023) from the City Solicitor. 3. City Council direct that the balance 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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 July 4, 2023 set out in Confidential Appendices A and B to the report (July 4, 2023) from the City Solicitor ( the "Settlement Offer"), 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 Amendments have been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that matters arising from such study be secured if required; c. the Owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated December 30, 2021, and matters that may arise from the revised proposal, to the satisfaction of the General Manager, Transportation Services; and d. the Owner has satisfactorily addressed servicing-related matters from Engineering and Construction Services and Solid Waste Management Services, in the Engineering and Construction Services Memorandum dated December 30, 2021, and matters that may arise from the revised proposal, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Solid Waste Management Services. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (July 4, 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 (July 4, 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 (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 a Zoning By-law Amendment for 1837-1845 Bayview Avenue (the "Site") to permit the construction of a 25-storey mixed use building. A Site Plan Control Application was submitted on December 21, 2021. The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment and the Site Plan Control application (the "Appeal") to the Ontario Land Tribunal on March 21, 2022.

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The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for October 17, 2023 - November 3, 2023. Given imminent procedural filing dates set out in the Procedural Order, and other deadlines addressed in Confidential Attachment 1, 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 and Confidential Appendices A and B to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all

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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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