2157 Lake Shore Boulevard West - Official Plan Amendment and Zoning By-law Amendment Application - Request for Direction Report

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The decision

2023-12-13 · Toronto City Council · adopted

As filed

City Council on December 13, 14 and 15, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 29, 2023) from the City Solicitor. 3.

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City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated November 15, 2023 ("Settlement Offer"), set out in Confidential Appendix A to the report (November 29, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the conditions set out below: 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; b. the Owner has submitted an acceptable Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and associated plans, for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. in the event the Functional Servicing Report, Stormwater Management Report, and/or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational, any upgrade or required improvements, prior to the issuance of final site plan approval for any development on the lands, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (November 29, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (November 29, 2023) 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 (November 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On February 8, 2020, Official Plan and Zoning By-law Amendment applications were submitted to permit the development of a 13-storey hotel building with 165 suites and a ground floor restaurant. The proposed hotel would be 44.6 metres in height (excluding mechanical penthouse) and include 44 vehicle parking spaces. The total proposed gross floor area would be approximately 7,810.5 square metres with a density of 9.91 times the area of the lot at 2157 Lake Shore Boulevard West.

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On January 7, 2022 a resubmission was provided for a 13-storey hotel building with 154 suites and a ground floor restaurant. The proposed hotel would be 41.9 metres in height (excluding mechanical penthouse) and include 36 vehicle parking spaces. The total proposed gross floor area would be approximately 7,632.0 square metres with a density of 9.62 times the area of the lot. On August 19, 2022 the applicant appealed the Official Plan and Zoning By-law Amendment applications to the Ontario Land Tribunal due to Council not making a decision within the prescribed time frames set out in the Planning Act. The City Solicitor requires further direction for the upcoming Ontario Land Tribunal hearing scheduled to commence January 15, 2024. Given this timing, this item is urgent and cannot be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information

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contained in Confidential Attachment 1 to this report 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

The item as the City filed it

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