The filed record
2405-2411 and 2417 Lake Shore Boulevard West - Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Applications - Ontario Land Tribunal Hearing - Request for Directions
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The decision
2024-07-24 · Toronto City Council · adopted
As filed
City Council on July 24 and 25, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 16, 2024) 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 16, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 16, 2024) 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 16, 2024) 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 and related plans dated July 10, 2024 set out in Confidential Appendix A to the report (July 16, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that: a. the form and content of the Official Plan and Zoning By-law Amendments and conditions of Draft Plan of Subdivision approval are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated March 21, 2022, or as revised, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required; d. the owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner has provided a revised Pedestrian Wind Study; f. the owner has submitted a revised Community Energy Plan to the satisfaction of the Environment and Energy Division; g. the owner has submitted a Noise Study required by Metrolinx, to the satisfaction of the Executive Director, Development Review and the Manager, Technical Review, Metrolinx; h. the owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services; i. the owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated March 21, 2022, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager, Parks, Forestry and Recreation; j. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning; k. the owner has submitted a revised Housing Issue Report including all requested revisions noted in correspondence, dated March 21, 2022, to the satisfaction of the Chief Planner and Executive Director, City Planning; l. the owner has secured replacement of the existing rental dwelling units, including the same number of rental units, bedroom type and size and with similar rents, and replacement of the gross floor area of the existing dwelling rooms as dwelling rooms or studio units at similar rents; m. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for tenants to return to a replacement rental unit or dwelling room, as applicable, on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and n. City Council has approved the Rental Housing Demolition application (21 246210 WET 03 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental units on the site, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (July 16, 2024) 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 16, 2024) 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 16, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On July 25, 2022, Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications were deemed complete for a proposed mixed-use development including a 10-storey mid-rise building, an eight-storey base building including a mezzanine floor and a 33-storey tower at 2405-2411 and 2417 Lake Shore Boulevard West. A Rental Housing Demolition Application was also submitted to demolish 22 rental units.
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On February 13, 2023, the applicant appealed the applications to the Ontario Land Tribunal citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A Case Management Conference was held on July 13. Mayer Investment Limited, the owner of lands which directly abut the subject property on Superior Road, was granted party status. An Ontario Land Tribunal hearing was originally scheduled for July 8 to July 19, 2024, but was adjourned until October 7, 2024, on consent of all the parties. The City Solicitor urgently requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for October, which will commence prior to October City Council meeting. This report 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
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