Item - 2022.CC47.23

Tracking Status

  • City Council adopted this item on July 19, 2022 without amendments and without debate.

CC47.23 - 212-220 King Street West - Official Plan and Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
10 - Spadina - Fort York

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains information that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council direct the City Solicitor and appropriate City staff to attend before the Ontario Land Tribunal in opposition to the notice of appeal filed by Dundeal 212 King LP, 214 King Holdings Limited and 220 KSW LP on January 13, 2022 in respect of the Official Plan Amendment and Zoning By-law Amendment applications.

 

2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

 

3. City Council direct City staff to continue discussions with the applicant to try to resolve the outstanding issues identified in the Preliminary Report on the applications (June 22, 2020) from the Director, Community Planning, Toronto and East York District, that was considered by Toronto and East York Community Council on April 21, 2021.

 

4. If the appeals are allowed by the Ontario Land Tribunal, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan and Zoning By-law Amendments until such time as the Ontario Land Tribunal has been advised by the City Solicitor 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; and

 

b. the resolution of outstanding engineering issues that may be identified upon the completion of Engineering and Construction Services review of the reports submitted to the City.

 

The balance of Confidential Attachment 1 to the report (July 8, 2022) 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.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

(July 8, 2022) Report from the City Solicitor on 212 - 220 King Street West - Official Plan and Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction CC47.23)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228681.pdf
Confidential Attachment 1 - Confidential Information
Source: Toronto City Clerk at www.toronto.ca/council