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Toronto City Council · 2021-07-14 · 2021.CC35.13

The filed record

579-585 Lawrence Avenue West - Zoning By-law Amendment Application - Request for Directions

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The decision

2021-07-14 · Toronto City Council · adopted

As filed

City Council on July 14, 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 2, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2021) 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 (July 2, 2021) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice and confidential" settlement offer as described in Confidential Appendices A and B (the "Settlement Offer") to the report (July 2, 2021) from the City Solicitor and subject to Parts 2 to 4 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 579 - 585 Lawrence Avenue West. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and c. the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Engineering Reports, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted Engineering Reports. 4. City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision. Confidential Appendices A and B to the report (July 2, 2021) 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 (July 2, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions 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 (July 2, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On August 24, 2017, the City received applications to amend the Official Plan and Zoning By-law for 579 - 585 Lawrence Avenue West to permit the construction of 12 freehold townhouses in 2 blocks fronting Lawrence Avenue West. The total gross floor area of the proposal was 2,885 square metres which resulted in a density of 1.62 times the lot area. The proposed height of the buildings was 16.06 metres for Block 1 at the eastern end and 15.78 metres for Block 2 at the western end.

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Each unit would be provided with one integral parking space at the rear of the unit and two visitor parking spaces would be provided on site to serve the 12 residential units. Vehicular access was proposed from Lawrence Avenue West with a two-way service driveway. The applicant appealed City Council's neglect or failure to make a decision on its applications for the Official Plan and Zoning By-law Amendments (the "Appeal") to the Local Planning Appeal Tribunal (the "LPAT"), now the OLT, on March 27, 2018. On May 2, 2019, City Council directed the City Solicitor, along with appropriate staff, to oppose the applications, in their current form, and oppose the Appeal. City Council also directed that staff continue to work with the applicant and seek revisions to the applications and report back to City Council on the outcome of those discussions.The applicant continued discussions with the City and submitted a "with prejudice" settlement offer to the City on July 5, 2019 for consideration by City Council. City Council adopted the settlement offer at its meeting of July 16, 17 and 18, 2019. The LPAT approved the settlement in principle on December 2, 2019, and withheld its final Order pending the satisfaction of a number of conditions.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 2, 2021) from the City Solicitor, if adopted by City Council.

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3. City Council direct that all other information contained in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

    On the record

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