Item - 2023.CC3.13

Tracking Status

  • City Council adopted this item on February 7, 2023 with amendments.

CC3.13 - 471-479 Queen Street East - Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
13 - Toronto Centre

City Council Decision

City Council on February 7 and 8, 2023, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor, with the balance of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege.

 

3. City Council adopt the recommendation in the Confidential Attachment 1 to the motion by Councillor Chris Moise.

 

4. City Council authorize the public release of the Confidential Attachment 1 to the motion by Councillor Chris Moise.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Moise, were adopted by City Council and are now public as follows:

 

1.  City Council accept the Settlement Offer dated January 23, 2023 and direct the City Solicitor and staff to attend at the Ontario Land Tribunal in support of the revised development proposal.

 

2.  City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Zoning By-law amendment until such time that:

 

a.  the Ontario Land Tribunal has been advised by the City Solicitor that the proposed zoning by-law amendment is in a form satisfactory to the City;

 

b.  the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction;

 

c.  the owner has provided an addendum to the Transportation Impact Study from the BA Group, dated November, 2020, to reflect the elimination of the access for servicing vehicles from Queen Street East, to the satisfaction of the General Manager, Transportation Services;

 

d.  the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the accepted Transportation Impact Study accepted by the General Manager, Transportation Services; and

 

e.  the owner withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands.

 

3. City Council direct the Director, Traffic Management, Transportation Services, upon application for any site plan approval, to work with the Applicant to establish a construction management working group that meets monthly, and invites local stakeholders, including Municipal Licensing and Standards, adjacent neighbours, local resident groups, local Business Improvement Areas and local school administration, Toronto Building and other City Divisions as requested.

 

The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the motion by Councillor Chris Moise is now public and can be accessed under Background Information (City Council).

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

(January 26, 2023) Report from the City Solicitor on 471 - 479 Queen Street East - Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction (CC3.13)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-234073.pdf
Appendix 1 - With Prejudice Offer to Settle letter, dated January 23, 2023, with attached site statistics tables and architectural plans, from Aird and Berlis
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-234074.pdf
Confidential Attachment 1 - Confidential instructions to staff and confidential information
Confidential Attachment to Motion 1 from Councillor Chris Moise - made public on February 24, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-234427.pdf

Communications (City Council)

(February 6, 2023) Letter from Douglas F. Best, Milner Thomson (CC.New)
https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-165679.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Chris Moise (Carried)

That:

 

1. City Council adopt the recommendation in the Confidential Attachment to this motion.

 

2. If the City Solicitor's confidential recommendation is adopted by City Council, then City Council authorize the public release of the Confidential Attachment to this motion.

 

3. If the confidential recommendation in the Confidential Attachment to this motion is not adopted by City Council, then City Council direct that the Confidential Attachment to this motion remain confidential in its entirety, as it relates to personal matters about identifiable individuals being considered for appointment to the Board of Health.


3 - Motion to Amend Item (Additional) moved by Councillor Chris Moise (Carried)

That:


1. City Council adopt the recommendation in the Confidential Attachment to this motion.

 

2. If the City Solicitor's confidential recommendation is adopted by City Council, then City Council authorize the public release of the Confidential Attachment to this motion.

 

3. If the confidential recommendation in the Confidential Attachment to this motion is not adopted by City Council, then City Council direct that the Confidential Attachment to this motion remain confidential in its entirety, as it contains information that is subject to solicitor-client privilege.


2 - Motion to Re-open Item moved by Councillor Chris Moise (Carried)

That City Council re-open Item CC3.13 for further consideration.

Source: Toronto City Clerk at www.toronto.ca/council