Item - 2021.CC35.11

Tracking Status

  • City Council adopted this item on July 14, 2021 with amendments.

CC35.11 - 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue - Zoning By-law Amendment and Draft Plan of Subdivision - Request for Directions

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

City Council Decision

City Council on July 14, 15 and 16, 2021, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and  F to the supplementary report (July 13, 2021) from the City Solicitor, at the discretion of the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

4.  City Council direct that Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remain confidential.

  

Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

 

Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and  F to the supplementary report (July 13, 2021) from the City Solicitor, remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice or communications that are subject to solicitor-client privilege and they contain information regarding potential litigation.  The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and  F to the supplementary report (July 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

The balance of Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

August 27, 2021

 

The confidential instructions to staff adopted by City Council have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

 

1.  City Council accept the "without prejudice" settlement offer attached as Confidential Appendix A (the "Settlement Offer") and the Plans and Drawings substantially in accordance with Confidential Appendix "B to the supplementary report (July 13, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (together, the "Revised Proposal") for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to support the Revised Proposal, subject to Parts 2 to 16 below:

 

2.  City Council direct the City Solicitor to advise the owner (and receive confirmation of same) that Item E. 4. (vi) in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor has been deleted and replaced with the following:

 

vi)  The financial security provided to the City in association with the removal of the temporary services shall be returned to the owner on the earlier of:

 

- five (5) years following the assumption of services by the City within the portion of Street C on the Starlight Lands (municipally known as 860 Pharmacy Avenue, 9-40 Craigton Drive and 1 Rannock Street) north of the Development Site, if the City has not relocated the temporary services;

 
- Prior to the City assuming the temporary municipal services in Block 3 (Block A1), if the owner removes the temporary services out of Block 3 (Block A1), the letter of credit provided shall be returned to the owner within 120 days of the owner removing the temporary services to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services; or
 

- A timeline which may be established in accordance with Part 16 below.

 

3.  City Council endorse the draft Phasing Plan in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, and City Council require that the final form of a Phasing Plan on the Development Site be provided to the City in a form and content acceptable to the Chief Planner and Executive Director, City Planning and City Council authorize the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Executive Director, Corporate Real Estate Management to ensure that such matters are secured in appropriate agreement(s), the Zoning By-law Amendment and/or Draft Plan of Subdivision satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

4.  City Council authorize the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the City Solicitor and the Chief Building Official and Executive Director, Toronto Building, in the context of the Draft Plan of Subdivision and Zoning By-law Amendment Application to make any such final determinations as to any modifications required related to the content, form, timing, phasing and implementation of any such matters related to the Zoning By-law Amendment and Draft Plan of Subdivision, including determinations of where such matters are secured to the satisfaction of the City Solicitor.

 

5.  City Council deem that it is authorizing support of the Settlement Offer as set out in this decision in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as tenant of part of the lands pursuant to a lease with the owner which lease is administered and managed by the Deputy City Manager, Corporate Services, and the owner is required to comply with all of the terms of the lease, including but not limited to providing notice associated with redevelopment plans for review and consideration of relocation of existing municipal capital facilities on the lands, including the Toronto Employment and Social Services leased facilities and that such relocation on the Development Site be required to be approved by the Executive Director, Corporate Real Estate Management in accordance with the terms of the lease; and that such community space identified in Part 10 below does not include the Toronto Employment and Social Services leased facilities or purport to be the new location of such facilities.

 

Parkland Dedication

 

6.  City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 6,597 square metres, generally as shown on Confidential Appendix C to the supplementary report (July 13, 2021) from the City Solicitor as Block 3 (Block A1) and Block 4 (Block A2), satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act with the remainder being a payment in lieu in accordance with Chapter 415, Article III of the Municipal Code, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments and subject to Part 9 below.

 

7.  City Council require that the parkland dedication in Part 6 shall be conveyed to the City, prior to the issuance of any building permit for any of Block 5, 7 and 8 on the lands to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

8.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

 

9.  City Council direct that should Block 3 (Block A1) be determined by the Chief Engineer and Executive Director, Engineering and Construction Services to be required for municipal servicing connecting the north-south segment of Craigton Drive to Street C, then Block 3 (Block A1) shall be conveyed to the City as land for municipal services and not as an on-site parkland dedication pursuant to Section 42 of the Planning Act, with such reduction being reduced from the on-site parkland dedication in Part 6 above and the owner shall provide the City an additional payment in lieu of parkland under Chapter 415, Article III of the Municipal Code and such payment in lieu for Block 3 (Block A1) only shall be made in accordance with the timing in Part 7 above.

 

Community Benefits

 

10.  City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following matters, on such terms and conditions as may be required satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the General Manager, Parks, Forestry and Recreation, the General Manager, Toronto Water, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, and the Executive Director, Corporate Real Estate Management:

 
a.  the owner shall design, construct and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City:

 

i.  a minimum 30,000 square feet of Community Agency Space of useable gross floor area; or

 

ii.  at the discretion of the Chief Planner and Executive Director, City Planning, a minimum amount of Community Agency Space of useable gross floor area valued at a minimum of 13.5 million dollars (indexed upwards in accordance with the Construction Price Index from the date of Agreement) at a value per square foot construction costs satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Corporate Real Estate Management;

 

either of which options are located within Block 6 (Block F) in a location and configuration all satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Corporate Real Estate Management and the Executive Director, Social Development, Finance and Administration and subject to the following:

 

iii.  the Community Agency Space shall be delivered to the City in fee simple and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

iv.  prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; and

 

v.  concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands a Shared Facilities Agreement  at no cost to the City, that is in a form satisfactory to the City Solicitor; the Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and

 

b.  the provision of 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided as follows:

 

i.  50 percent of the affordable housing units on Block 1 (Block G);

 

ii.  50 percent of the affordable housing units on Block 8 (Block D);

 

iii.  with an option for the owner to provide some affordable housing units, being no less than six (6) contiguous units within Block 6 (Block F) and such affordable housing units provided within Block 6 (Block F) may be reduced from the required amount of affordable housing units to be provided within Block 8 (Block D);

 

iv.  with an option for the owner to provide more than 50 percent of the affordable housing units, within Block 1 (Block G) and such affordable housing units provided within Block 1 (Block G) may be reduced from the required amount of affordable housing units to be provided within Block 8 (Block D);

 

v.  the unit types and sizes shall be determined in each site plan application, and shall reflect the unit mix and average size of market units within each building, with the overall unit mix of the affordable housing units on the Development Site as generally identified in Confidential Appendix A to the supplementary report (July 13, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

vi.  with the timing as generally identified in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, with such terms and conditions acceptable to the Chief Planner and Executive Director, City Planning and the City Solicitor. 

 

Matters Required to Support the Development

 

11.  City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Subdivision Approval for the Subdivision Agreement, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience:

 

a.  the owner shall prepare, at its expense, a Public Art plan (the “Public Art Plan”) for the provision of Public Art, up to a maximum value of $1,000,000.00, upon the Site or adjacent City-owned land and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site;

 

b.  prior to the issuance of the first above grade building permit for any residential development on each Block where public art is planned, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 11.a. above;

 

c.  the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment in addition to the following identified matters:

 

i.  the owner shall pay to the City, by certified cheque, the sum of Five Hundred Thousand Dollars ($500,000.00) in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the execution of this Agreement to the date of payment, for the future implementation of a minimum of ten (10) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

 

ii.  prior to the issuance of any above grade building permit on each Block where bike repair stations are planned for and identified in the Site Plan Application satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, the owner shall provide a letter of credit for $2,000 for each bike repair station per building to a minimum of eight (8) bike repair stations for all blocks on the Development Site, and thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

 

iii.  prior to the issuance of any above grade building permit on each block, the owner shall provide a letter of credit for $5,000.00 for the provision of each real-time transportation information screen for each building to a minimum of eight (8) transportation information screen where planned and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

 

iv.  a financial contribution of a of $125,000.00 for the future Victoria Park Avenue Transit Study;

 

v.  the owner shall provide a PRESTO pass to each of the 130 affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and

 

vi. the owner shall provide a minimum of 500 bike share annual  memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, of which, there shall be bike share memberships provided to each of the 130 affordable housing units;

 

d.  the owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning; 

 

e.  the following privately owned publicly accessible open spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block where the privately owned publicly accessible open spaces is located, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City:

 

i.  Block 6 (Block F) – Southwest Corner privately owned publicly accessible open space with a minimum size of 380 square metres;

 

ii.  Block 1 (Block G) – South GM Blvd privately owned publicly accessible open space with a minimum size of 560 square metres;

 

iii.  Block 7 (Block E) – Central Plaza privately owned publicly accessible open space with a minimum size of 680 square metres/Public Art at Intersection;  and

 

iv.  Block 8 (Block D) – privately owned publicly accessible open space along Street C with a minimum size of 740 square metres with a minimum width of 10 metres;

 

f.  the provision of public pedestrian access easements to provide to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the pedestrian easement to be determined in the context of a Site Plan Approval; the owner shall own, operate, maintain and repair the public pedestrian easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public pedestrian easement at certain times of the day and night, and the owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

 

g.  prior to the issuance of Site Plan Approval for any part of the Development Site, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

h.  the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site;

 

i.  the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

 

j.  implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements;

 

k.  the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies Toronto District School Board, Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor;

 

l.  as part of the first site plan application and prior to any site plan approval on any part of the site, the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry, building upon the plans and drawings prepared by mbtw group dated June 16, 2021;

 

m.  as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry; and

 

n.  the final phasing of the Development Site building upon the phasing plan triggers outlined in Confidential Appendix E to the supplementary report (July 13, 2021) from the City Solicitor, as amended by Part 2 above, in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, the Executive Director, Corporate Real Estate Management and the City Solicitor, and such matters are secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning.

 

Conditions to Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order

 

12.  City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold issuance of its Order on the Zoning By-law Amendments and Draft Plan of Subdivision Applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

 

a.  the proposed Zoning By-law Amendment is in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, including the Site-Specific Zoning By-law Amendment to the Former City of Scarborough Zoning By-law and including any required revisions, changes or amendments thereto, and where such amendments pertain to the built form matters that such provisions be satisfactory to the Chief Planner and Executive Director, City Planning and a determination by the Chief Building Official and Executive Director, Toronto Building and the Chief Planner and Executive Director, City Planning on whether the prevailing by-law exception identified by the owner is required and/or is appropriate;

 

b.  the draft plan conditions and the draft plan of subdivision application are satisfactory in content and form to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor including any required revisions, changes or amendments thereto;

 

c.  the owner has provided a final form of Phasing Plan, in a content and form acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate Real Estate Management and the City Solicitor;

 

d.  the owner has, at its sole cost and expense:

 

i.  submitted the watermain distribution analysis for the Golden Mile developments which identifies the required watermain upgrades, a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

 

ii.  confirmed that the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either do not require changes to the proposed Zoning By-law Amendment or any such required changes have been made to the proposed Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

 

iii.  submitted a revised Multi-Modal Transportation Impact Study including identifying the transportation demand management measures and the multi-modal analysis to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, including the required transportation demand management measures, be secured where appropriate and as required;

 

iv.  filed a complete revised Draft Plan of Subdivision application to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the revised proposal for circulation and comment by all applicable divisions, agencies and boards, both internal and external, to the City, the circulation of the Draft Plan of Subdivision shall have been completed and the Chief Planner and Executive Director, City Planning, shall be satisfied with the Draft Plan of subdivision, and shall have prepared draft plan approval conditions in acceptable form for approval of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), as applicable;

 

v.  file a complete set of revised Architectural Plans to reflect the revised Zoning By-law and implement the Settlement Offer by July 26, 2021; and

 

vi.  secured the requirement for the design of  any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, including securing the provision of financial securities for any such upgrades or improvements, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such upgrades or improvements shall have been secured at the discretion of the Chief Engineer and Executive Director, Engineering and Construction Services in the Section 37 Agreement and/or in a Subdivision Agreement with the City; 

 

e.  the owner has entered into a Section 37 Agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the owner's Section 37 contributions identified above and the matters agreed to and/or required in support of the development of Development Site; and

 

f.  the owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 is brought into force as it applies to the Site.

 

13.  City Council authorize the inclusion of a portion of Craigton Drive in the proposed Zoning By-law Amendment Application for the Development Site and City Council resolve that such inclusion of a portion of Craigton Drive shall not fetter the discretion of the City in the operation, management and/or control of such lands, including any potential future disposition or non-disposition of such lands.

 

14.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

 

15. City Council confirm that the City Solicitor has any necessary discretion with regard to the consolidation of the Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision appeals before the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal).

 

16.  City Council direct that should the temporary services not be dealt with in accordance with the revision directed in Part 2 above, the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with City Solicitor, bring forward a report within two (2) years of the City's assumption of the temporary municipal services within Block 3 (Block A1), on the status of the temporary services within Block 3 (Block A1) and the associated municipal infrastructure within the surrounding area and such report shall contain a timeframe for reducing or returning the financial security provided to the City.

 

Confidential Appendices A, B, C, D, E and F to the supplementary report (July 13, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, and can be accessed under Background Information (City Council).

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

Background Information (City Council)

(July 2, 2021) Report from the City Solicitor on 1880 - 1890 Eglinton Avenue East and 1523 - 1545 Victoria Park Avenue - Zoning By-law Amendment and Draft Plan of Subdivision - Request for Directions (CC35.11)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169013.pdf
Confidential Attachment 1
(July 13, 2021) Supplementary report from the City Solicitor on 1880 - 1890 Eglinton Avenue East and 1523 - 1545 Victoria Park Avenue - Zoning By-law Amendment and Draft Plan of Subdivision - Request for Directions (CC35.11a)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169254.pdf
Confidential Attachment 1
Confidential Appendix A - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169256.pdf
Confidential Appendix B - Part 1 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169257.pdf
Confidential Appendix B - Part 2 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169258.pdf
Confidential Appendix C - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169259.pdf
Confidential Appendix D - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169260.pdf
Confidential Appendix E - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169281.pdf
Confidential Appendix F - Part 1 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169282.pdf
Confidential Appendix F - Part 2 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169283.pdf
Confidential Appendix F - Part 3 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169284.pdf
Confidential Appendix F - Part 4 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169285.pdf
Confidential Appendix F - Part 5 - made public on August 27, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169286.pdf

Motions (City Council)

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

That City Council adopt the following recommendations in the supplementary report (July 13, 2021) from the City Solicitor [CC35.11a]:

 

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the supplementary report (July 13, 2021) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C, Confidential Appendix D, Confidential Appendix E and Confidential Appendix F to the supplementary report (July 13, 2021) from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

 

3.  City Council direct that all information contained in Confidential Attachment 1 to the supplementary report (July 13, 2021) 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.

 


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-14-2021 10:54 AM

Result: Carried Majority Required - CC35.11 - Adopt the Item as amended
Total members that voted Yes: 25 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, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Nick Mantas
Source: Toronto City Clerk at www.toronto.ca/council