Item - 2023.CC6.4

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 Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it contains advice which is subject to litigation and solicitor-client privilege.

On May 7, 2021, Zoning By-law Amendment and Draft Plan of Subdivision applications (the "Applications") were submitted for the properties at 221-227 Sterling Road (the "Site"), proposing to redevelop the lands with three residential buildings having heights of 20, 25, and 29 storeys that would collectively contain 892 residential units. A Rental Housing Demolition application was also submitted to permit the demolition of 58 existing rental units.

The applicant appealed the City's failure to make a decision on the Applications to the Ontario Land Tribunal on May 30, 2022.

The Site was designated as having cultural heritage value or interest in August, 2022 through Designation By-law 1130-2022 (the "Designation By-law"). The Owner appealed the designation by-law shortly thereafter.

On April 26, 2023, the City Solicitor received a With Prejudice Settlement Offer, consisting of the correspondence attached to this report as Public Appendix A and the architectural plans and drawings attached to this report as Public Appendices B, C and D (the "With Prejudice Settlement Offer"), which propose to modify the Applications. A Heritage Permit Application is attached as Public Appendix E.
 

The With Prejudice Settlement Offer expires on May 13, 2023.  The Ontario Land Tribunal hearing for the Planning Act appeals of the Applications for the Site is scheduled to commence on October 16, 2023. A hearing of the Owner's appeal to the Ontario Land Tribunal of Designation By-law 1130-2022 has not been scheduled.

The purpose of this report is to seek instruction in relation to applications pertaining to this Site that have been appealed to the Ontario Land Tribunal.