3526 Lake Shore Boulevard West - Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control Applications - Local Planning Appeal Tribunal Appeals - Request for Directions

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The decision

2018-12-04 · Toronto City Council · adopted

As filed

City Council on December 4, 5 and 13, 2018, adopted the following: 1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices A and B to the report (December 3, 2018) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remain confidential.

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The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer, dated November 28, 2018 and November 30, 2018, in Confidential Appendix A to the report (December 3, 2018) from the City Solicitor. 2. In the event the Local Planning Appeal Tribunal allows the Zoning By-law Amendment application and Draft Plan of Subdivision application appeals, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to: a. in respect of the Zoning By-law Amendment application, withhold its final order approving the application pending receipt of written notice from the City Solicitor, the Owner of the subject lands has entered into and registered against title to the subject lands a Section 37 Agreement to secure the facilities, services and matters described in Confidential Appendix B to the report (December 3, 2018) from the City Solicitor, to the satisfaction of the City Solicitor; and b. in respect of the Draft Plan of Subdivision Application, withhold its final order approving the application pending receipt of written notice from the City Solicitor that conditions of draft Plan of Subdivision approval have been agreed to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal delegate the clearance of conditions of approval for the Draft Plan of Subdivision and the final approval of the Plan of Subdivision to the City pursuant to subsection 51(56.1) of the Planning Act. 4. City Council classify the subject lands as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning). Confidential Appendices A and B to the report (December 3, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 3, 2018) remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.

On the agenda

As the city filed it

The applications are for the development lands located at 3526 Lake Shore Boulevard West with a mixed use development comprised of 380 stacked condominium townhouses, 35 freehold standard townhouses (for a total of 415 residential units), and approximately 879 square metres of retail uses. The applicant appealed its Zoning By-law Amendment and Draft Plan of Subdivision applications (Applications 15 170337 WET 06 OZ and 15 170350 06 SB) and referred its Site Plan Control application (Application 16 269688 WET 06 SA) to the former Ontario Municipal Board on May 25, 2017 citing City Council's failure to make a decision on the applications within the timeframes required by the Planning Act.

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The first prehearing conference was held before the former Ontario Municipal Board on January 3, 2018. At that time counsel for the City, the appellant, and FCA Canada Inc., a neighbouring landowner with existing industrial uses on its site, advised that there was a settlement of the appeals in principle subject to the parties implementing the principles of that settlement. A second prehearing conference took place before the Local Planning Appeal Tribunal on June 4, 2018 for the purpose of providing a status update regarding the implementation of the settlement in principle. At that time, issues relating to the implementation of the settlement remained between the parties. During the second prehearing conference, the Local Planning Appeal Tribunal set hearing dates of January 8-11, 2019 at which time the parties would lead evidence and make arguments in the event there were any outstanding disagreements regarding the implementation of the settlement in principle. Further direction from City Council is required in advance of the January 8-11, 2019 hearing. This report has been prepared in consultation with City Planning.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1. 2. If the confidential recommendation(s) contained in Confidential Attachment 1 are adopted, that City Council authorize the public release of the confidential recommendation(s) contained in Confidential Attachment 1, Appendix "A" of Confidential Attachment 1, and Appendix "B" to the Confidential Attachment 1, but that the balance of Confidential Attachment 1 remain confidential.

On the record

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