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Toronto City Council · 2024-12-17 · 2024.CC24.7

The filed record

390-400 Woodsworth Road- Ontario Land Tribunal Hearing - Request for Directions

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The decision

2024-12-17 · Toronto City Council · amended

As filed

City Council on December 17 and 18, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2024) 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, B and C to the report (December 4, 2024) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 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. 4. City Council request the Executive Director, Development Review, and appropriate City staff to work with the applicant prior to Site Plan approval on exploring alternative options for vehicular access, including from Leslie Street, to minimize traffic infiltration impacts on the surrounding neighbourhood, and to consult with the local community as appropriate. The confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2024) 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 November 29, 2024 set out in Confidential Appendices A, B and C to the report (December 4, 2024) from the City Solicitor, and 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 draft Official Plan Amendment and Zoning By-law Application are to the satisfaction of the City Solicitor and the Executive Director, Development Review; b. City Council has approved the Rental Housing Demolition Application 21 229478 NNY 15 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, and, should City Council authorize the demolition, that the applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Executive Director, Development Review; and c. the Owner has, at the Owner's sole expense: 1. confirmed sanitary, stormwater and water capacity for the development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 2. submitted a functional servicing report, stormwater management report and hydrogeological report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; 3. should the City accept Engineering Reports identifying that any upgrades or improvements to existing municipal infrastructure and/or new municipal infrastructure are required to support the development, those upgrades and improvements shall be designed and financially secured by appropriate development agreement(s) as a condition of site plan approval, and be constructed and operational prior to the issuance of any above-grade building permits for any development on the lands, all at the Owner's sole expense, and all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water and the City Solicitor; 4. provided all necessary financial securities for transportation improvements in the area, including signal modifications and/or upgrades, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 5. made satisfactory arrangements to convey to the City any land dedications including road widening and site triangles, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 6. submitted a revised transportation impact study and a transportation demand management plan to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services, and that such matters arising from the accepted transportation impact study and transportation demand management plan, be secured if required; and 7. submitted a revised pedestrian level wind study, to the satisfaction of the Executive Director, Development Review. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A, B and C to the report (December 4, 2024) 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 (December 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 (December 4, 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 October 22, 2021, the City received Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications for 390-400 Woodsworth Road to permit the construction of three new 8-storey mid-rise residential buildings. On August 28, 2023 the Owner made a resubmission to increase the overall heights of two of the three mid-rise buildings to 9 storeys (from 8) and 10 storeys (from 8). The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan and Zoning By-law Amendments, to the Ontario Land Tribunal on December 18, 2023.

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The Site Plan Control application was also appealed. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for April 28 to May 9, 2025. This matter is urgent and cannot be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A, B and C to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other

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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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