309 Cherry Street - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2024-03-20 · Toronto City Council · adopted

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 7, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor, in its entirety remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege and City Council direct that Confidential Appendices A and B remain confidential in their entirety, as they contain confidential and privileged information.

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Confidential Attachment 1 and Confidential Appendices A and B to the report (March 7, 2024) from the City Solicitor remain confidential in their entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (March 7, 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 5, 2012 and December 30, 2016, the City received a Zoning By-law Amendment application for the north block and south block respectively of the lands known as 309 Cherry Street (the "Site"). The applications proposed mixed use development, with a 26-storey residential tower atop an 8-storey podium and the partial retention of existing heritage buildings on the north block, and an 11-storey building and 52-storey building atop a 4-12 storey 'u-shaped' podium.

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The applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment to the predecessor to the Ontario Land Tribunal (the "Tribunal") on October 31, 2014 for the north block and June 1, 2017 for the south block (the "Appeals"). In March 2023, the applicant submitted revised plans for the Site, proposing a tower on each of the north and south block with heights of 47 and 39 storeys respectively. The City Solicitor requires further directions in this matter.

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 direct that the recommendations contained in Confidential Attachment 1 and the remainder of Confidential Attachment 1 remain confidential at the discretion of the City Solicitor, as they contain advice which is subject to solicitor-client privilege,

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and that Confidential Appendix A and Confidential Appendix B remain confidential as they contain confidential and privileged information.

On the record

The item as the City filed it

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