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Toronto City Council · 2019-11-26 · 2019.CC12.7

The filed record

2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51, 201-211 and 300 Prudential Drive - Zoning By-law Amendment - Local Planning Appeal Tribunal Appeal - Request for Direction

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The decision

2019-11-26 · Toronto City Council · amended

As filed

City Council on November 26 and 27, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Thompson. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended, and direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential as they contain information that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Thompson, were adopted by City Council and are now public, as follows: 1. City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal in opposition to the Zoning By-law Amendment application for 2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51,201-211 and 300 Prudential Drive in its present form. 2. City Council direct City staff to continue discussions with the owner, and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal provided the following occurs: a. results of requested further hydrogeological testing related to groundwater quality and discharge are provided to the City to the satisfaction Toronto Water; and b. a minimum of 90 units within the development are secured as affordable units for a minimum of 20 years. 3. City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal. 4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor; b. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor; and c. proposed groundwater quality and discharge from the proposed development is to the satisfaction of Toronto Water. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client privilege.

The vote

Amend Item · Carried, 21-0

For (21)Ana Bailão, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Joe Cressy, John Filion, John Tory, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paula Fletcher, Shelley Carroll, Stephen Holyday
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On the agenda

As the city filed it

On January 28, 2016, a Zoning By-law Amendment application was submitted for the lands at 2525-2545 Lawrence Avenue East, 1380 Midland Avenue and 1-51, 201-211 and 300 Prudential Drive. The application included 9 buildings on four separate blocks ranging in height from 8 to 27 storeys, with a total of 1752 residential units and over 11,000 square metres of combined retail and office space. The Zoning By-law Amendment application was appealed to the Ontario Municipal Board (now the Local Planning Appeal Tribunal (LPAT)) on October 19, 2017 for Council's failure to make a decision on the application within the prescribed timelines in the Planning Act.

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A Pre-hearing Conference has been scheduled at the LPAT on November 29, 2019. A comprehensive resubmission for a revised proposal was provided to the City on October 17, 2019, on a with prejudice basis, that includes 7 buildings ranging in height from 6 to 27 storeys, with 1462 residential dwelling units, 38,329 square metres of office uses and 1,492 square metres of retail or other commercial uses. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on November 26, 2019.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of the recommendations in Confidential Attachment 1, with Confidential Attachment 2 and the remainder of Confidential Attachment 1 to remain confidential as they contain information that is subject to solicitor-client privilege.

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