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Toronto City Council · 2025-03-26 · 2025.DM28.1

The filed record

40-60 St. Lawrence Avenue - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2025-03-26 · Toronto City Council · amended

As filed

City Council on March 26 and 27, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 11, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 11, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (March 11, 2025) 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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4. City Council direct that Confidential Attachment 1 to the report (January 23, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. 5. City Council direct that Confidential Attachment 1 to the supplementary report (February 4, 2025) 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 supplementary report (March 11, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Revised Plans filed by the applicant on January 2, 2025. 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 final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Executive Director, Development Review, and the City Solicitor; b. the owner has submitted a Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Director, Engineering Review; c. the owner has made satisfactory arrangements with Engineering Review and has entered into the appropriate agreement(s) 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 accepted Servicing Assessment Report accepted by the Director, Engineering Review; d. the owner has addressed all outstanding issues identified in the Engineering Review correspondence dated September 13, 2023, to the satisfaction of the Director, Engineering Review; e. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; f. the owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of the proposed development and comply with Foundation Drainage Policy and guidelines to the satisfaction of the Director, Engineering Review and the General Manager, Toronto Water; g. the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Executive Director, Development Review; h. the submitted Compatibility and Mitigation Studies, including the Transportation Noise and Vibration Assessment, dated May 5, 2023, prepared by Gradient Wind Engineering Inc., and the Air Quality and Land Use Compatibility Assessment, dated May 5, 2023, prepared by Gradient Wind Engineering Inc. have been peer-reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review; i. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the application, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and j. the owner and the City have made satisfactory arrangements to release the easement over the western portion of the site, more specifically described as Parts 13 and 14 on Plan 66R-29819. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (March 11, 2025) 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 (March 11, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachment 1 to the report (January 23, 2025) 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. Confidential Attachment 1 to the report (January 23, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachment 1 to the supplementary report (February 4, 2025) 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. Confidential Attachment 1 to the supplementary report (February 4, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

In October 2014, two separate applications were submitted to amend the Site and Area Specific Policy 6 of the City's Official Plan and Zoning By-law 748-2006 of the former Etobicoke Zoning Code for lands then bearing the municipal address 1061 The Queensway, which lands included the subject site. Two associated applications were submitted: A Zoning By-law Amendment application for Phase 1 for the northern portion of the lands (for commercial buildings including a grocery store), and a combined Official Plan Amendment and Zoning By-law Amendment application for Phase 2 for the southern portion of the lands (for a residential development).

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The 2014 proposal for the 40-60 St. Lawrence Avenue portion of the lands was for two residential buildings that were 22 and 27 storeys in height, connected by a four-storey base building. A total of 558 dwelling units were proposed. In October 2017, an application for a consent to sever the property comprised of the Phase 1 and Phase 2 lands was approved and the Phase 2 lands, now addressed as 40-60 St. Lawrence Avenue, were sold to the current owner. In June 2023, the applicant made a resubmission in respect of the 40-60 St. Lawrence Avenue lands to permit three mixed-use buildings of 26, 34, and 43 storeys in height on a five-storey base building. A total of 1,166 condominium dwelling units were proposed in this resubmission. On April 4, 2024, the applicant appealed City Council's non-decision on the Applications (for Official Plan and Zoning By-law Amendments) to the Ontario Land Tribunal. On May 14, 2024, City staff submitted an Appeal Report to Etobicoke York Community Council in respect of the Appeals. On June 26, 2024, City Council considered the Appeal Report and adopted staff's recommendations, including to oppose the Appeals and to continue discussions with the applicant to resolve outstanding issues, without amendment. On August 6, 2024, the Ontario Land Tribunal held a first case management conference in respect of the Appeals. A hearing was scheduled at this first case management conference, which hearing is scheduled to commence on May 14, 2025. On January 2, 2025, the applicant filed revised plans with the Ontario Land Tribunal, which plans will be the subject of the hearing scheduled to commence on May 14, 2025. On January 22, 2025, the City received a with prejudice settlement offer from the applicant's lawyers, Aird & Berlis LLP, which is attached as Public Attachment 1. The revised plans associated with the Settlement Offer are attached as Public Attachment 2. The Settlement Offer will remain open until the end of the City Council meeting scheduled to commence on February 5, 2025. The City Solicitor requires further directions in advance of the hearing scheduled to commence on May 14, 2025. This matter is urgent and should not 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 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential

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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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