The filed record
4884-4896 Dundas Street West - Ontario Land Tribunal Hearing - Request for Directions
The Public Gallery wrote no story on this item. What follows is the city’s own record of what happened to it, as filed: nothing on this page is summarised or scored by us.
The decision
2024-04-17 · Toronto City Council · adopted
As filed
City Council on April 17 and 18, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 4, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 4, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 4, 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.
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The confidential instructions to staff in Confidential Attachment 1 to the report (April 4, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the With Prejudice offer to settle dated April 3, 2024 set out in Public Attachment 1 to the report (April 4, 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 Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has addressed all outstanding issues identified within Part I - Official Plan and Zoning By-Law Amendment of the Engineering and Construction Services correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; f. the owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and revised Transportation Impact Study accepted by the General Manager, Transportation Services; and g. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (April 4, 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 (April 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
The vote
Adopt Item · Carried, 23-1
The whole record, all 26 members
- Alejandra BravoFor
- Amber MorleyFor
- Anthony PerruzzaFor
- Ausma MalikFor
- Brad BradfordConflict declared
- Chris MoiseFor
- Dianne SaxeFor
- Frances NunziataFor
- Gord PerksFor
- Jamaal MyersFor
- James PasternakFor
- Jaye RobinsonFor
- Jennifer McKelvieFor
- Jon BurnsideFor
- Josh MatlowFor
- Lily ChengAbsent
- Michael ThompsonFor
- Mike ColleFor
- Nick MantasFor
- Olivia ChowFor
- Parthi KandavelFor
- Paul AinslieFor
- Paula FletcherFor
- Shelley CarrollFor
- Stephen HolydayAgainst
- Vincent CrisantiFor
Every name opens that member’s record.
On the agenda
As the city filed it
On April 28, 2022, the City received a combined Official Plan Amendment and Zoning By-law Amendment application for a development at 4884-4896 Dundas Street West (the "Site") to permit a 12-storey mixed-use building containing 225 residential units and 1214 square metres of retail space at-grade (the "Original Proposal"). On June 15, 2023, the applicant submitted a revised application to permit a 29-storey mixed-use building containing 395 residential units and a total of 1322 square metres of at-grade retail space (the "Appealed Proposal").
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On June 23, 2023, the applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan Amendment and the Zoning By-law Amendment (the "Appeal"), to the Ontario Land Tribunal. The Ontario Land Tribunal held the first Case Management Conference on September 28, 2023 and a second Case Management Conference took place on February 20, 2024. A hearing is scheduled for June 17 to 21, 2024. On July 20, 2023, the on-site heritage resource at 4888 Dundas Street West was designated under Part IV of the Ontario Heritage Act through Designation By-law 733-2023. At its meeting of February 6 and 7, 2024, City Council directed the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the applications regarding the Official Plan and Zoning By-law Amendment and to continue discussions with the applicant to resolve outstanding issues. On March 8, 2024, the applicant made revisions to the application, which were submitted to the City on a With Prejudice, not confidential, basis from the applicant's lawyers, Stikeman Elliott LLP (the "Initial Settlement Offer"). The Initial Settlement Offer included an application under Section 33 of the Ontario Heritage Act to alter the on-site heritage resource (the "Heritage Application"). On April 3, 2024, following discussions with City staff, the applicant made further revisions to the proposal and the City received a further With Prejudice, not confidential, settlement offer from the applicant's lawyers, which is attached as Public Attachment 1 (the "Settlement Offer"). The Settlement Offer contains revised plans and specific commitments they will deliver through the revised development (the "Revised Plans"). No changes to the Heritage Application were necessitated as a result of the Settlement Offer and Revised Plans, as the proposed built form with the potential to impact heritage attributes remained unchanged from the Initial Settlement Offer. The proposed alterations and conservation strategy for the designated heritage building also remained unchanged. Should City Council accept the Settlement Offer, the applicant intends to present the Revised Plans to the Ontario Land Tribunal for approval. This matter is urgent because the City Solicitor requires further directions on the revised application in advance of the upcoming Ontario Land Tribunal hearing scheduled for June 17 to 21, 2024.
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 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential
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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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