Item - 2024.MM24.24

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

1. City Council authorize the City Solicitor to support a request by the applicant/appellant at the Ontario Land Tribunal to revise Schedule A, Section 37 Provisions of Zoning By-law 788-2022(OLT) to permit the conveyance of the Conservation Lands defined as the part of the lot zoned Open Space (ON) by Zoning By-law 788-2022 (OLT) to occur at the earlier of:
 

a. the completion of the Site Specific Risk Assessment and acknowledgement of the Record of Site Condition by the Ministry of the Environment, Conservation and Parks; for a condominium building, prior to first condominium registration; and

b. for a rental building, prior to first occupancy, in accordance with the City’s Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act, together with such related revisions as may be required, including a requirement that access easements in respect of the existing pedestrian tunnel connection (Parts 1 to 16 on Registered Plan 66R-34386) located within the Conservation Lands be conveyed to the City prior to the first above grade building permit for the development.

2. Should the Ontario Land Tribunal agree to the requested revisions, City Council instruct the City Solicitor to request that the Tribunal's Order on the revised Zoning By-law Amendment be withheld until the City Solicitor has advised that an Amending Agreement amending the Section 37 Agreement (dated June 27, 2022, and registered on title as Instrument AT6119798) has been registered on title that implements the revisions contemplated in Part 1 above.
 

3. Should the Ontario Land Tribunal agree to the requested revisions, City Council direct the City Solicitor to prepare, and authorize the Executive Director, Development Review or their designate to enter into an Amending Agreement with the owner pursuant to Section 37 of the Planning Act to amend the Section 37 Agreement (dated June 27, 2022, and registered on title as Instrument AT6119798) to reflect the change in timing for the conveyance of the Conservation Lands and for the conveyance of access easements in respect of the existing pedestrian tunnel connection as contemplated in Part 1 above.