25 Old York Mills Road - Official Plan and Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-11-08 · Toronto City Council · adopted

As filed

City Council on November 8 and 9, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 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 Appendix A to the report (September 27, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (September 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 (September 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 September 26, 2023, set out in Confidential Appendix A to the report (September 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 authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (September 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 (September 27, 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 (September 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

Adopt Item · Carried, 12-10

For (12)Amber Morley, Anthony Perruzza, Brad Bradford, Chris Moise, Dianne Saxe, Frances Nunziata, Gord Perks, Jennifer McKelvie, Mike Colle, Olivia Chow, Stephen Holyday, Vincent Crisanti

Against (10)Alejandra Bravo, Ausma Malik, Jamaal Myers, James Pasternak, Jaye Robinson, Jon Burnside, Josh Matlow, Lily Cheng, Nick Mantas, Paula Fletcher

Absent (3)Michael Thompson, Paul Ainslie, Shelley Carroll

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On the agenda

As the city filed it

On July 19, 2022, the City received Official Plan and Zoning By-law Amendment applications for 25 Old York Mills Road (the "Site") to permit the construction of a 12-storey (38.05 metres, plus 4.5 metres for the mechanical penthouse) mixed-use building. The applicant appealed City Council's neglect or failure to make a decision on its applications for the Official Plan and Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal on January 6, 2023.

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Two Case Management Conferences have taken place, and a hearing was scheduled to commence on November 15, 2023. The Toronto Region Conservation Authority and two residents associations, the Townhomes of Hogg's Hollow Community Association and the York Mills Valley Association, were granted party status, and two individuals obtained participant status. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for November 15, 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 in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council.

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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.

On the record

The item as the City filed it

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