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Toronto City Council · 2019-11-26 · 2019.CC12.8

The filed record

50-52 Neptune Drive - Request for Direction Regarding Local Planning Appeal Tribunal Hearing

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The decision

2019-11-26 · Toronto City Council · adopted

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. 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. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice 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 were adopted by City Council and are now public, as follows: 1. City Council accept the revised proposal dated October 9, 2019, by Bousfields Inc. and attached as Public Appendix A to the report (November 19, 2019) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal status hearing on this matter in support of the revised proposal set out in the architectural plans prepared by Giovanni A.Tassone Architect Inc. dated October 8, 2019 and attached as Public Appendix B to the report (November 19, 2019) from the City Solicitor. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to continue to withhold its Final Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that the following matters have been resolved: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has submitted an updated Transportation Impact Brief that includes a Transportation Demand Management plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services; c. the owner has submitted revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Investigation Report, and Site Servicing and Grading plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Hydrogeological Investigation Report, and Site Servicing and Grading plans to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; e. the owner has submitted revised Architectural Plans, a Landscape Plan, and an Arborist Report and Tree Preservation Plan to the satisfaction of Urban Forestry and the Chief Planner and Executive Director, City Planning; f. a Section 37 Agreement has been executed based on terms previously agreed upon by the City as part of the settlement; and g. the associated site-specific Official Plan Amendment 162 has been amended by the Local Planning Appeal Tribunal to allow for an additional height of 2.69 metres for structural and mechanical reasons. The balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remains confidential at this time in accordance with the provision 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 (November 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

An application was submitted on December 30, 2009 to amend the Zoning By-law for the lands at 50-52 Neptune Drive to permit the construction of a 14-storey residential building with 155 units, including 24 rental replacement units, and 134 parking spaces in two levels underground. On March 22, 2012, the applicant submitted a revised Zoning By-law amendment application for an 11 storey residential building with169 units, including 24 rental replacement units, and 150 parking spaces in 3 levels underground.

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On December 19, 2012, the applicant appealed the Zoning By-law amendment application to the LPAT for Council's failure to make a decision on the application within the prescribed timelines in the Planning Act. In a report to City Council dated May 13, 2013, City Planning recommended opposition to the appeals. Council adopted the recommendations on July 16, 2013, and authorized the City Solicitor and other staff to attend the LPAT to oppose the appeals, but to continue discussions with the applicant for the purpose of addressing the outstanding issues identified in the report. On December 11, 2013, the LPAT approved OPA 162 for the maximum number of storeys (10-storeys), building height (30.4 metres), and integrated landscaping with connectivity to adjacent properties for the subject lands. On March 20, 2014, City Council adopted the recommendations in a staff report dated February 3, 2014, for the demolition of the two existing rental apartment buildings containing 24 rental units on the subject site. A revised proposal was submitted on October 9, 2019 for a 10 storey residential building with 164 residential units, including 24 rental replacement units and 127 parking spaces in 2 levels underground. The proposed gross floor area ("GFA") would be 12,318.81 square metres and the maximum height would be 33.9 metres to meet structural and mechanical requirements of the building. Vehicular access would be from a driveway on Neptune Drive. The revised drawings are attached as Appendix "B" to this report. The purpose of this report is to request further instructions for the LPAT status hearing that is scheduled to commence December 9, 2019. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

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