Item - 2022.CC43.16

Tracking Status

  • City Council adopted this item on May 11, 2022 without amendments.

CC43.16 - 50, 60 and 90 Eglinton Avenue West and 17 to 19 Henning Avenue - Zoning By-law Amendment Application - Request for Further Directions Regarding Ontario Land Tribunal Hearing

Decision Type:
ACTION
Status:
Adopted
Ward:
8 - Eglinton - Lawrence

City Council Decision

City Council on May 11 and 12, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

 

3. City Council authorize public release of Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor.

 

4. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) 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 report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council accept the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, subject to Parts 2 to 8 below.

 

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor.

 

3. City Council accept an off-site parkland dedication of the properties at 61 Montgomery Avenue and 58 Helendale Avenue as well as an indexed cash-in-lieu contribution of $900,000.00 payable upon the issuance of the first above grade building permit in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor.

 

4. City Council approve a development charge credit, if applicable, against the Parks and Recreation component of the development charges for the design and construction by the Applicant of 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 Applicant 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.

 

5. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

 

a. the community benefits recommended to be secured in the Section 37 Agreement are as follows:

 

i. an indexed cash contribution of $4,750,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated as follows, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor:

 

a. $2,000,000 to be used for improvements to local park improvements in Ward 8, including Eglinton Park;

 

b. $1,500,000 to be used for public realm improvements in Ward 8 in the Yonge Eglinton Secondary Plan area; and

 

c. $1,250,000 to be used for local area improvements in the vicinity of the Subject Site; and

 

ii. in the event that the cash contribution in Part 5.a.i. above has not been used for the intended purpose within two (2) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor, provided that the purpose is identified in the Toronto Official Plan or the Yonge Eglinton Secondary Plan and will benefit the community in the vicinity of the Subject Site; and

 

b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

i. the conveyance by the Applicant to the City of the off-site parkland dedication as referenced in Part 3 above, as well as the above-base improvements for such off-site parkland and the related development charge credit referenced in Part 4 above, if applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry, and Recreation, and the City Solicitor;

 

ii. streetscape improvements by the Applicant on Duplex Avenue, including a sidewalk widening of approximately 3 metres at the intersection of Eglinton Avenue West and Duplex Avenue, and additional above-base streetscape and landscaping treatments adjacent and in the vicinity of the Subject Site to be provided at the Applicant's sole cost, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

iii. the conservation of the designated heritage former Toronto Hydro building at 50 Eglinton Avenue West, substantially in accordance with the description in the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, to be provided by the Applicant at the Applicant's sole cost, and the provision of a minimum 3 metres wide double height publicly accessible walkway/colonnade along Duplex Avenue, to the satisfaction of the Senior Manager, Heritage Planning, and that the Applicant enter into any required agreements securing these features, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

iv. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a public access easements over the east-west driveway connection running along the northern boundary of the Subject Site and connecting Duplex Avenue and Henning Avenue as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and having a minimum depth of not less than 7 metres wide for the driveway connection; the specific size, location, configuration, and design of the public access connection shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Applicant shall own, operate, maintain, and repair the area of the public access easement, all at the Applicant's own expense.

 

6. City Council authorize the City Solicitor to request the Ontario Land Tribunal to issue an Order containing the following:

 

a. the final form and content of the draft Zoning By-law Amendment to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

 

b. direction that the applicable community benefits and other matters in support of the development identified in Part 5 above, are to be secured in a Section 37 Agreement executed by the Applicant and the City and registered on title to the Subject Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

 

7. City Council require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor:

 

a. the Applicant has provided a revised Functional Servicing Report, Storm Water Management Report, and Hydrogeological Report addressing the outstanding issues in the Engineering and Construction Services' Memorandum dated March 18, 2021, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

b. the Applicant has submitted a revised Transportation Impact Study, Parking and Loading Study, and Waste Management Study, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

 

c. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements 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 the development, according to the accepted Functional Servicing Report, Storm Water Management Report, and the Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and the General Manager, Transportation Services.

 

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

 

Confidential Attachment 2 to the report (May 2, 2022) 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 (May 2, 2022) 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 (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(May 2, 2022) Report from the City Solicitor on 50, 60 and 90 Eglinton Avenue West and 17 to 19 Henning Avenue - Zoning By-law Amendment Application - Request for Further Directions Regarding Ontario Land Tribunal Hearing (CC43.16)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-225311.pdf
Confidential Attachment 1 - Confidential Recommendations and Confidential Information
Confidential Attachment 2 - Confidential Information - made public on May 20, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-225310.pdf

Motions (City Council)

Motion to Adopt Item (Carried)
Source: Toronto City Clerk at www.toronto.ca/council