Item - 2024.CC17.7

Tracking Status

  • City Council adopted this item on April 17, 2024 without amendments.

CC17.7 - 4884-4896 Dundas Street West - Ontario Land Tribunal Hearing - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
3 - Etobicoke - Lakeshore

Caution: Preliminary decisions, motions and votes are shown below. Any decisions, motions or votes should not be considered final until the meeting is complete, and the City Clerk has confirmed the decisions for this meeting.

City Council Decision

City Council on April 17 and 18, 2024, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 4, 2024) 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 4, 2024) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 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.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (April 4, 2024) 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 3, 2024 set out in Public Attachment 1 to the report (April 4, 2024) 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 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 Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b. the owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c. the owner has addressed all outstanding issues identified within Part I – Official Plan and Zoning By-Law Amendment of the Engineering and Construction Services correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

d. the owner has provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

e. the owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services;

 

f. the owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and revised Transportation Impact Study accepted by the General Manager, Transportation Services; and

 

g. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

 

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 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 (April 4, 2024) 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 4, 2024) Report from the City Solicitor on 4884-4896 Dundas Street West - Ontario Land Tribunal Hearing - Request for Directions (CC17.7)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-244755.pdf
Public Attachment 1 - With Prejudice Settlement Offer from Stikeman Elliot LLP, dated April 3, 2024, including revised architectural plans
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-244756.pdf
Confidential Attachment 1 - Confidential Information

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Apr-17-2024 5:38 PM

Result: Carried Majority Required - CC17.7 - Adopt the item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Shelley Carroll, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 2 Members that were absent are Brad Bradford (Interest Declared), Lily Cheng

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Brad Bradford - as his wife is a planner on the file.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=11940
Source: Toronto City Clerk at www.toronto.ca/council