The filed record
15-19 Bloor Street West - Official Plan and Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions
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The decision
2024-03-20 · Toronto City Council · amended
As filed
City Council on March 20 and 21, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor, as amended by Motion 1a by Councillor Dianne Saxe. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by Motion 1a by Councillor Dianne Saxe, and Confidential Appendix A to the report (March 6, 2024) from the City Solicitor.
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3. City Council direct that the balance of Confidential Attachment 1 to the report (March 6, 2024) 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 request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Environment and Climate and the Toronto Hydro Corporation, to report back to City Council by the fourth quarter of 2024, with recommendations to align the Toronto Green Standards with TransformTO and the planned Emission Performance Standards for Existing Buildings, so that newly approved buildings will be capable of net zero carbon operating emissions by 2040. The confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor, as amended by Motion 1a 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 March 5, 2024 set out in Confidential Appendix A to the report (March 6, 2024) 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 final form and content of the Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrological Review Summary, and Groundwater Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. all comments from Engineering and Construction Services contained in their April 21, 2023 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and e. the owner has submitted a revised shadow study and Pedestrian Wind Study, including the identification of any required wind mitigation measures to be secured in the zoning by-law amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to section 37(6) of the Planning Act with respect to the provision of a community space in the development or improvements to Balmuto Street, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit. 4. City Council request the Chief Planner and Executive Director, City Planning to secure, as a Site Plan Application Pre-Approval Condition, that the applicant demonstrate (through an Energy Modelling Report and Upfront Embodied Emissions Assessment accepted by the City of Toronto Environment and Climate) that the building design complies with the applicant's written commitment to meet Toronto Green Standard Version 4 Tier 2 (or the minimum applicable version of the Toronto Green Standard, if more stringent) including but not limited to Energy Emissions and Resilience performance requirements GHG 1.1 (Greenhouse Gas Emissions Limits), GHG 1.2 (Building Energy Performance) and GHG 2.1 Low Embodied Emissions Materials). 5. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (March 6, 2024) 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 (March 6, 2024) 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 (March 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On March 7, 2023, the City received Official Plan and Zoning By-law Amendment applications for 15-19 Bloor Street West (the "Site") to permit the construction of a 94-storey mixed-use tower containing 1,262 dwelling units and 272 square metres of retail space. City Council refused the applications on June 14, 2023. The applicant appealed City Council's refusal to the Ontario Land Tribunal on June 21, 2023. A Case Management Conference took place in September 2023 and Mizrahi Development Group (The One) Inc.
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("Mizrahi") and Toronto Standard Condominium Corporation 2208, were granted party status. The ABC Residents Association was granted party status on consent of all the parties on January 25, 2024. A 10-day hearing has been scheduled to commence on June 10, 2024. Given upcoming 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 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
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