Item - 2022.CC43.12

Tracking Status

  • City Council adopted this item on May 11, 2022 without amendments.

CC43.12 - 2872, 2880 and 2882 Kingston Road - Zoning By-law Amendment Application - Request for Direction

Decision Type:
ACTION
Status:
Adopted
Ward:
20 - Scarborough Southwest

City Council Decision

City Council on May 11 and 12, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

 

2. City Council authorize the public release of:

 

a. the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor; and

 

b. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council accept the settlement offer dated April 29, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, (the "Revised Proposal") subject to Parts 2 to 5 below.

 

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of the Revised Proposal as set out in the settlement offer dated April 29, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, subject to Parts 3 and 4 below.

 

3. City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to request that a holding provision (H) be included in the final form of the Zoning By-law, to be lifted at such time that the following conditions have been fulfilled to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water:

 

i. the owner shall submit a revised Functional Servicing Report demonstrating sufficient capacity to accommodate the servicing demand for this development, to the satisfaction of the Executive Director, Engineering and Construction Services; and

 

ii. the owner shall enter agreement(s) for the construction of any improvements to existing municipal infrastructure, as required, to the satisfaction of the Executive Director, Engineering and Construction Services.

 

4. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until such time as:

 

a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Director, Community Planning, Scarborough District and the City Solicitor; and

 

b. the City Solicitor confirms that the owner has at its sole expense provided a Stormwater Management Stage 1 Report, a Hydrogeological Report and Summary Forms for each report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water.

 

5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

 

Confidential Attachment 2 to the report (May 2, 2022) 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 (May 2, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation

Background Information (City Council)

(May 2, 2022) Report from the City Solicitor on 2872, 2880 and 2882 Kingston Road - Zoning By-law Amendment Application - Request for Direction (CC43.12)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-225318.pdf
Confidential Attachment 1 - Confidential Recommendations and Confidential Information
Confidential Attachment 2 - Confidential Information - made public on May 20, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-225320.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-11-2022 10:31 AM

Result: Carried Majority Required - CC43.12 - Adopt the Item
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are Mike Colle, Gary Crawford, Josh Matlow, Denzil Minnan-Wong
Total members that were Absent: 1 Members that were absent are Michael Ford
Source: Toronto City Clerk at www.toronto.ca/council