Item - 2020.SC12.6

Tracking Status

  • City Council adopted this item on July 28, 2020 with amendments.
  • City Council considered this item on June 29, 2020 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • City Council considered this item on January 29, 2020 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Scarborough Community Council on January 8, 2020. It is being forwarded to City Council without recommendations. It will be considered by City Council on January 29, 2020.

SC12.6 - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report

Decision Type:
ACTION
Status:
Amended
Ward:
21 - Scarborough Centre

City Council Decision

City Council on July 28 and 29, 2020, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 27, 2020) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Michael Thompson.

 

2.  City Council authorize the public release of the confidential instructions to staff, as amended, in Confidential Attachment 1 and Confidential Appendices A, B and C to the supplementary report (July 27, 2020) from the City Solicitor, including any Part thereof, at the sole discretion of the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 27, 2020) from the City Solicitor be made public at the sole discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff, as amended, in Confidential Attachment 1 and Confidential Appendices A, B and C to the supplementary report (July 27, 2020) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff, as amended, in Confidential Attachment 1 and Confidential Appendices A, B and C to the supplementary report (July 27, 2020) from the City Solicitor, including any Part thereof, will be made public at the sole discretion of the City Solicitor.

 

The balance of Confidential Attachment 1 to the supplementary report (July 27, 2020) 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 supplementary report (July 27, 2020) from the City Solicitor will be made public at the sole discretion of the City Solicitor.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on July 29, 2020 to consider confidential information on this Item as it pertains to advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Background Information (Community Council)

(December 20, 2019) Revised Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141587.pdf
(December 20, 2019) Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141419.pdf
(December 11, 2019) Revised - Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141294.pdf
(December 11, 2019) Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141095.pdf

Background Information (City Council)

(July 27, 2020) Supplementary report from the City Solicitor on 1880 - 1890 Eglinton Avenue East and 1523 - 1545 Victoria Park Avenue - Official Plan Amendment - Request for Directions (SC12.6a)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-153774.pdf
Confidential Attachment 1
Confidential Appendix A
Confidential Appendix B
Confidential Appendix C
Confidential Attachment to motion 1 by Councillor Michael Thompson

Motions (City Council)

Report of Committee of the Whole

July 29, 2020 at 5:23 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item SC12.6  headed "1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report".  No motions were placed in the closed session.  City Council would now proceed with the public debate on the Item.


1 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)

That City Council adopt the following recommendations in the supplementary report (July 27, 2020) from the City Solicitor [SC12.6a], amended to read as follows:

 

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (July 27, 2020) from the City Solicitor, as amended by the confidential attachment to this motion.

 

2.  City Council authorize the public release of the confidential recommendations, as amended, contained in the Confidential Attachment 1, Confidential Appendix "A", Confidential Appendix "B", and Confidential Appendix "C", including any part thereof, to the report (July 27, 2020) from the City Solicitor at the sole discretion of the City Solicitor.

 

3.  City Council direct that all other information contained in Confidential Attachment 1 to the report (July 27, 2020) 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.

Vote (Adopt Item as Amended) Jul-29-2020

Result: Carried Majority Required - SC12.6 - Thompson - motion 1
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Mark Grimes, Jaye Robinson

Point of Order by Councillor Michael Thompson

Councillor Thompson, on a Point of Order, stated that he wished to know Council would be meeting in closed session this afternoon as he thought a time had been set.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that it had been proposed that Council would meet in closed session following Item CC23.1 but Council had not done so. The Speaker further ruled that Council would meet in closed session after it completes Item IE14.5.

SC12.6 - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report

Decision Type:
ACTION
Status:
Deferred
Ward:
21 - Scarborough Centre

City Council Decision

City Council on June 29 and 30, 2020, deferred consideration of Item SC12.6 to the July 28 and 29, 2020 meeting of City Council.

Background Information (Community Council)

(December 20, 2019) Revised Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141587.pdf
(December 20, 2019) Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141419.pdf
(December 11, 2019) Revised - Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141294.pdf
(December 11, 2019) Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141095.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Michael Thompson (Carried)

That consideration of the item be deferred until the July 28 and 29, 2020 meeting of City Council.

SC12.6 - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report

Decision Type:
ACTION
Status:
Deferred
Ward:
21 - Scarborough Centre

City Council Decision

City Council on January 29, 2020, deferred consideration of Item SC12.6 to the April 1 and 2, 2020 meeting of City Council.

Background Information (Community Council)

(December 20, 2019) Revised Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141587.pdf
(December 20, 2019) Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141419.pdf
(December 11, 2019) Revised - Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141294.pdf
(December 11, 2019) Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141095.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Michael Thompson (Carried)

That consideration of the item be deferred until the April 1 and 2, 2020 meeting of City Council.

SC12.6 - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report

Decision Type:
ACTION
Status:
Without Recs
Ward:
21 - Scarborough Centre

Community Council Recommendations

The Scarborough Community Council submits the item to City Council without recommendations.

Decision Advice and Other Information

Scarborough Community Council directed:

 

1. That the City Solicitor, Chief Planner and Executive Director, City Planning and appropriate City Staff attend a meeting with the local Councillors and the applicant, to discuss a possible resolution in advance of the January 29, 2020 City Council meeting and that the City Solicitor report to City Council at the January 29, 2020 meeting with the outcome of the discussions.

Origin

(December 20, 2019) Report from the Director, Community Planning, Scarborough District

Summary

This application originally submitted on December 22, 2016, proposes to amend the Official Plan to add a Site and Area Specific Policy ("SASP") for the lands at 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (Choice lands) to permit a mixed-use development with new streets and parkland.  The SASP would provide for a mixed-use community that would include a range of building heights from one-storey to 39-storeys, 2,614 residential units (242,799 square metres of residential uses) and 30,629 square metres of non-residential uses, with a proposed gross Floor Space Index ("FSI") of 3.5 times the area of the site, for a total gross floor area of 273,428 square metres.  The subject lands are located within the Golden Mile Secondary Plan study area. 

 

The Official Plan Amendment application was submitted on December 22, 2016, and has been appealed to the Ontario Municipal Board ("OMB"), now the Local Planning Appeal Tribunal ("LPAT") citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act.  The appeal was filed on March 5, 2018.

 

On November 8, 2019, the City received a letter from the applicant's solicitor, being a "with prejudice" settlement offer and formal revision to the application ("Resubmission Letter").  The Resubmission Letter advised that the applicant has amended its application, including an increase in  proposed density to 4.28 times the area of the lands, comprising of approximately 3,291 residential units (303,215 square metres of residential uses) and 31,173 square metres of non-residential uses, for a proposed total gross floor area of 334,928 square metres. The Resubmission Letter also provided an updated OPA by-law, which provides for upwards of 340,000 square metres of gross floor area, which is a significant increase of approximately 61,500 to 66,572 square metres of gross floor area.

 
The Resubmission Letter was not accompanied by any supporting reports or update letters from the original application, as acknowledged in the Resubmission Letter.  City Staff are not in a position to adequately review, circulate and comment on the changes to the application given the lack of a complete submission package.  It is unusual to receive a revised submission requesting additional density from an original submission accompanied without supporting documentation and therefore the original supporting reports cannot be used to support the revised submission.

 

Should the applicant intend to pursue a revision to its application, it should formally provide the required documentation for City staff to review and to determine how to proceed with the revised submission. Until that time, city staff cannot provide fulsome, comprehensive analysis of the revised submission to provide recommendations to City Council for consideration. Accordingly, the report largely addresses the original application, however it also recommends that the City Solicitor oppose the revised application.

 

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff and/or external consultants, to attend the LPAT hearing to oppose the original application and the with prejudice settlement offer dated November 8, 2019, in its current form.  City staff have concerns with how the proposed Official Plan Amendment can be supported in the context of the GMSP consultants' reports and recommendations for the broader Golden Mile area and for the subject site.  

 

The GMSP consultants Transportation Master Plan ("TMP"), Community Infrastructure Strategy and the Master Servicing Plan ("MSP") provide comprehensively analyzed information to assist with the direction on how growth can be accommodated within the Golden Mile Area.  These studies will also be used to inform the emerging policy direction in the proposed Golden Mile Secondary Plan, as presented in the report dated December 20, 2019, and being considered at the January 8, 2020 Scarborough Community Council meeting.  The proposed Official Plan Amendment, in its current form and the November 8, 2019, settlement offer are not consistent with the Provincial Policy Statement (PPS 2014), do not conform with the Growth Plan (2019), and does not conform to the City's Official Plan.

 

This report also recommends that the City Solicitor and appropriate City staff be authorized to continue discussions with the applicant in an effort to address the issues outlined in this report.

Background Information

(December 20, 2019) Revised Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141587.pdf
(December 20, 2019) Report and Attachments 1-7 from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141419.pdf
(December 11, 2019) Revised - Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141294.pdf
(December 11, 2019) Report from the Director, Community Planning, Scarborough District - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Official Plan Amendment Application - Request for Directions Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2020/sc/bgrd/backgroundfile-141095.pdf

Motions

1 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

That Scarborough Community Council:

 

1. Forward the item to City Council without recommendations.

 

2. That the City Solicitor, Chief Planner and Executive Director, City Planning and appropriate City Staff attend a meeting with the local Councillors and the applicant, to discuss a possible resolution in advance of the January 29, 2020 City Council meeting and that the City Solicitor report to City Council at the January 29, 2020 meeting with the outcome of the discussions.

Source: Toronto City Clerk at www.toronto.ca/council