640 Lansdowne Avenue - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-07-19 · Toronto City Council · adopted

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 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 (July 6, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 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 July 6, 2023 set out in Confidential Appendix A to the report (July 6, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council authorize the Chief Planner and Executive Director, City Planning and the City Solicitor to take all necessary actions to implement City Council's decision. 3. City Council classify the lands generally known as 640 Lansdowne Avenue, as a Class 4 Noise Area pursuant to Ministry of Environment, Conservation and Parks Environmental Noise Guidelines - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013. Confidential Appendix A to the report (July 6, 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 (July 6, 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 (July 6, 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 August 11, 2021, the City received a Zoning By-law Amendment application (the "Application") for 640 Lansdowne Avenue (the "Site") to permit the construction of a seven-storey mixed-use building at 640 Lansdowne Avenue. The Application was made by Magellan Community Charities ("Magellan") respecting the Site, which is under a long term lease with the Toronto Transit Commission and the City. The building is proposed to contain 256 long-term care beds, 57 affordable rental dwelling units, and non-residential space on the ground floor fronting Lansdowne Avenue.

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On July 19, 20, 21 and 22, 2022, City Council approved the Application and amended the applicable zoning by-law to permit the proposed development, subject to a holding provision requiring servicing and mitigation measures to be addressed. On August 18, 2023, a neighbouring property owner, Nitta Gelatin Canada Inc. ("Nitta") appealed City Council's decision on the Application to the Ontario Land Tribunal. This matter is urgent as the City Solicitor requires further directions for an upcoming Ontario Land Tribunal case management conference scheduled for August 11, 2023. This item cannot be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the 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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