Item - 2023.CC6.13

Tracking Status

  • City Council adopted this item on May 10, 2023 without amendments.

CC6.13 - 15, 19, 21 and 23 Toryork Drive - Ontario Land Tribunal Hearing - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
7 - Humber River - Black Creek

City Council Decision

City Council on May 10, 11 and 12, 2023, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 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 (April 28, 2023) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 28, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2023) 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 19, 2023, set out in Public Attachment 1 to the report (April 28, 2023) from the City Solicitor, along with the supplementary settlement offer dated April 26, 2023, in Public Attachment 2 to the report (April 28, 2023) 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 approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.


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 28, 2023) 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. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

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

Background Information (City Council)

(April 28, 2023) Report from the City Solicitor on 15, 19, 21 and 23 Toryork Drive - Ontario Land Tribunal Hearing - Request for Directions (CC6.13)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236226.pdf
Public Attachment 1 - Letter from Aird and Berlis LLP dated April 19, 2023 containing a With Prejudice Settlement Offer
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236227.pdf
Public Attachment 2 - Letter from Aird and Berlis LLP dated April 26, 2023 containing a Supplementary With Prejudice Settlement Offer
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236228.pdf
Public Attachment 3 Part 1 - Revised Architectural Plans - by Giannone Petricone Associates dated April 14, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236229.pdf
Public Attachment 3 Part 2 - Revised Architectural Plans - by Giannone Petricone Associates dated April 14, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236230.pdf
Public Attachment 3 Part 3 - Revised Architectural Plans - by Giannone Petricone Associates dated April 14, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236231.pdf
Public Attachment 4 - Planning and Urban Design Rational Addendum dated April 2023, prepared by Bousfields Inc.
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236232.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 1
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236233.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 2
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236187.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 3
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236188.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 4
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236289.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 5
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236290.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 6
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236291.pdf
Public Attachment 5 - Environmental Noise Study dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd. Part 7
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236292.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 1
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236234.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 2
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236293.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 3
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236294.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 4
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236295.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 5
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236296.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 6
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236297.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 7
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236298.pdf
Public Attachment 6 - Compatibility & Mitigation Study dated September 2, 2021, prepared by SLR Consulting (Canada) Ltd. Part 8
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236299.pdf
Public Attachment 7 - Pedestrian Wind Assessment dated April 18, 2023, prepared by SLR Consulting (Canada) Ltd.
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236235.pdf
Public Attachment 8 - Energy Strategy Report dated January 18, 2023, prepared by Opresnik Engineering Consultants Inc.
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236236.pdf
Public Attachment 9 - Draft Zoning By-law Amendment amending City-wide Zoning By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236237.pdf
Public Attachment 10 - Civil Response Cover Letter dated February 28, 2023, prepared by Fabian Papa & Partners
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236238.pdf
Public Attachment 11 - Functional Servicing Study and Stormwater Management Report dated February 28, 2023, prepared by Fabian Papa and Partners - Part 1
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236239.pdf
Public Attachment 11 - Functional Servicing Study and Stormwater Management Report dated February 28, 2023, prepared by Fabian Papa and Partners - Part 2
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236182.pdf
Public Attachment 12 - Civil Drawings dated February 28, 2023, prepared by Fabian Papa & Partners
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236240.pdf
Public Attachment 13 - Tree Inventory & Preservation Plan dated April 18, 2023, prepared by Strybos Barron King Landscape Architecture
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236241.pdf
Public Attachment 14 - Landscape & Soil Volume Plan dated April 18, 2023, prepared by Strybos Barron King Landscape Architecture
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236242.pdf
Public Attachment 15 - Additional Transportation Analysis Letter dated April 13, 2023 (with Transportation Impact Study Addendum, dated March 2023, enclosed), prepared by Nextrans Consulting Engineers
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236243.pdf
Public Attachment 16 - Toronto Green Standard Checklist
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236244.pdf
Public Attachment 17 - Project Data Sheet
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-236245.pdf
Confidential Attachment 1 - Confidential Information

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) May-12-2023 5:11 PM

Result: Carried Majority Required - CC6.13 - Adopt the item
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Vincent Crisanti, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, Dianne Saxe, Michael Thompson
Total members that voted No: 3 Members that voted No are Mike Colle, James Pasternak, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Brad Bradford, Gary Crawford, Paula Fletcher
Source: Toronto City Clerk at www.toronto.ca/council