Item - 2022.CC45.17

Tracking Status

  • City Council adopted this item on June 15, 2022 with amendments.

CC45.17 - 1966-2050 Eglinton Avenue East and 50 Thermos Road - Official Plan Amendment and Zoning By-law Amendment - Request for Directions

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

City Council Decision

City Council on June 15 and 16, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 13, 2022) 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 and C to the supplementary report (June 13, 2022) 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 (June 13, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

 

4. City Council direct that Confidential Attachment 1 to the report (June 7, 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.

 

Confidential Attachment 1 to the report (June 7, 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. Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 13, 2022) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

 

1.  City Council accept the settlement offer attached as Confidential Appendix A (the "Settlement Offer") and substantially in accordance with Confidential Appendices B and C to the supplementary report (June 13, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1966-2050 Eglinton Avenue East and 50 Thermos Road (the "Development Site") and direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 18 below.

 

2.  City Council endorse the draft phasing set out in the Revised Proposal in Confidential Appendix C to the supplementary report (June 13, 2022) from the City Solicitor and City Council require that:

 

a.  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

 

b.  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, the General Manager, Children's Services and the Executive Director, Corporate Real Estate Management are authorized to ensure that such phasing matters are secured in appropriate agreement(s), the Zoning By-law Amendment and/or Draft Plan of Subdivision all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

Parkland Dedication

 

3.  City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 16,659 square metres, generally as shown on Confidential Appendix C to the supplementary report (June 13, 2022) from the City Solicitor, satisfying  the Owner's Parkland dedication requirement under Section 42 of the Planning Act for the entire Development Site, and a dedication of on-site parkland dedication of 2,709 square metres, comprising a total of 19,368 square metres of on-site parkland dedication 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 City Council also direct that any over dedication amount be addressed in the Section 37 Agreement on such terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

4.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for:

 

a.  the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

 

b.  the design and construction by the Owner of the Community Recreation Centre to the satisfaction of the General Manager, Parks, Forestry and Recreation.

 

5.  City Council direct that 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 and/or the Community Recreation Centre, 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.

 

Community Benefits for 1966-1980 Rezoning Application

 

6.  City Council authorize the City Solicitor to enter into and register on title to the lands, in one or more Agreements pursuant to Section 37 of the Planning Act, at the Owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor:

  

a.  the Owner shall design, construct, finish and convey in fee simple to the City, in an acceptable environmental condition, with the funding contributions provided by the City for approximately 68,000 square feet (6,317 square metres) of Community Recreation Centre, located on Block 2 which may be connected to Building B2 or be a free standing centre, inclusive of aquatic centre/pool, gymnasium, a multi-purpose space, dance and fitness rooms, and subject to the following:

 

i.  the Community Recreation Centre shall be finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the General Manager, Parks, Forestry and Recreation, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;
 

ii.  prior to the issuance of the first above grade building permit for Block 2, 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 Recreation Centre, complying with the specifications and requirements of the Section 37 Agreement, with such value of the letter of credit augmented by the funding contributions provided by the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

iii.  the Section 37 Agreement will address, among other matters related to the Community Recreation Centre, including service activities (loading, delivers and maintenance), parking (including number of spaces, pick up and drop off), matters pertaining to accessibility and design;

 

iv.  the design and construction of the Community Recreation Centre will be encouraged to achieve the highest performance standards of the Toronto Green Standards; and

 

v.  concurrent with or prior to, the conveyance of the Community Recreation Centre to the City, if determined to be required by the General Manager, Parks, Forestry and Recreation, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement, at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing 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 Recreation Centre; and

 

b.  the provision of 67 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 40 years with these affordable housing units being provided as follows:

 

i.  50 percent of the affordable housing units on Block A;

 

ii.  50 percent of the affordable housing units on Block B, with an option to consolidate additional housing in an earlier phase;

 

iii.  the unit types and sizes shall be determined in each Site Plan Control application, and shall reflect the unit mix and average size of market units within each building, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

iv.  subject to Parts 8 to 13 below.

 

Matters Required to Support the Development

 

7.  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 $700,000.00, 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 7.a. above;

 

c.  the required transportation improvements and Travel 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  $350,000.00 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 seven (7) 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 Control 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 $1,500 for each bike repair station per building to a minimum of four (4) bike repair stations for each block subject of the zoning application 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 the provision of each real-time transportation information screen for each building, up to four (4) real-time transportation information screens for the blocks in the zoning  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 $200,000 for the future Victoria Park Avenue or Warden Avenue Transit Study;

 

v.  prior to the issuance of the first above grade building permit on the lands, the Owner shall provide a financial contribution to the City in the amount of $40,000 for a future Golden Mile Transportation Monitoring Study;

 

vi.  the Owner shall provide a PRESTO pass to each of the 67 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;

 

vii.  the Owner shall provide for the costs of TDM Marketing Initiatives for each phase (approximately $1000 for each information session); and

 

vii.  the Owner shall provide a minimum of 100 bike share annual memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

 

d.  the Owner shall provide, at their sole cost and expense, a wind tunnel testing for the entire Development Site as part of first site plan control application for any part of the Site, 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 spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block where the privately owned publicly-accessible 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 spaces and any required public access easements to connect the privately owned publicly-accessible spaces to adjacent privately owned publicly-accessible spaces and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the privately owned publicly-accessible 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 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 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, including:

 

i.  Block 1 – Eglinton Avenue privately owned publicly-accessible space with a minimum size of 200 square metres;

 

ii.  Block 1 – Street #9 privately owned publicly-accessible space with a minimum size of 225 square metres; and

 

iii.  Block 2 – Eglinton Avenue privately owned publicly-accessible space with a minimum size of 200 square metres;  and

 

iv.  Street #10 and south of the Community Recreation Centre adjacent privately owned publicly-accessible space with a minimum size to be determined satisfactory to the Chief Planner and Executive Director, City Planning;

 

f.  the provision of public pedestrian access easements to provide access to and through various development block mid-block connections 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 Light Rapid Transit, 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 Crosstown Light Rapid Transit, 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 Site Plan Control application and prior to any Site Plan approval on any part of the Development 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;

 

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.  prior to the issuance of any building permit, including permits for excavation and shoring, the Owner shall enter into a Municipal Capital Facility Agreement ("Contribution Agreement") with the City to provide Open Door Affordable Housing Program incentives for the affordable rental housing units to be developed on the Development Site; the Owner shall provide such affordable rental housing dwelling units in accordance with agreement(s) to be entered into with the City, all to the satisfaction of the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

Affordable Housing

 

8.  City Council approve funding for 67 affordable rental housing units through the Open Door Affordable Rental Housing Program.

 

9.  City Council direct that the Owner shall provide and maintain sixty-seven (67) new affordable rental housing dwelling units on the lands at 1966 to 1980 Eglinton Avenue East (the "Affordable Housing Units"), comprised of at least ten (10) percent of the total residential gross floor area of the development, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, substantially in accordance with the following terms:

 

a.  at least thirty-five (35) percent of the Affordable Housing Units shall be a two-bedroom rental unit and at least ten (10) percent of the Affordable Housing Units shall be a three-bedroom rental units;

 

b.  no more than ten (10) percent of the Affordable Housing Units shall be studio rental units;

 

c.  the general configuration, location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, provided that the Affordable Housing Units will be located in contiguous groupings of at least six rental units and that all the Affordable Housing Units;

 

d.  the Owner shall provide and maintain the Affordable Housing Units as rental dwelling units for a minimum period of 40 years beginning from the date that each such unit is first occupied, (the "Affordability Period");  during the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of Ownership housing such as life-lease or co-Ownership which provide a right to exclusive possession of a dwelling unit, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose; and upon the expiration of the Affordability Period, the Owner shall continue to provide and maintain the Affordable Housing Units as rental dwelling units, unless and until such time as the Owner has applied for, and obtained, all approvals necessary to do otherwise; 

 

e.  the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

 

f.  if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

 

g.  after the first year of occupancy of any Affordable Housing Units, and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

 

h.  notwithstanding the annual rent increases permitted in Part 9. g. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report or the average rent for the same bedroom type in the City of Toronto;

 

i.  the City's Centralized Affordable Housing Access System will be used to advertise and select tenants provided it is in place; in addition, at least six months in advance of any new Affordable Housing Units being made available for rent, the Owner shall develop and implement an Access Plan which will outline how units are rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

 

j.  the new Affordable Housing Units to be constructed shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new dwelling units in the development of the zoning lands are available and ready for occupancy, or to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

 

k.  the Owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the new development at no extra charge and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; and

 

l.  the Owner shall provide all tenants of the Affordable Housing Units with access to visitor parking and permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law.

 

10.  City Council authorize the Executive Director, Housing Secretariat to negotiate and execute a Contribution Agreement with the Owner for 67 affordable rental housing units to be developed on the lands municipally known as 1966 to 1980 Eglinton Avenue East to secure the financial assistance being provided by the City and set out the terms of the operation of the Affordable Housing Units rents at or below 100 percent of average market rents for a period of 40 years, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor.

 

11.  City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

 

a.  an exemption for the 67 new Affordable Housing Units at 1966 to 1980 Eglinton Avenue East from taxation for municipal and school purposes for the 40-year Affordability Period; and

 

b.  authorize the 67 new Affordable Housing Units at 1966 to 1980 Eglinton Avenue East to be eligible for waivers of fees for planning applications, building permits and payment in lieu of parkland dedication, and for development charges exemptions, unless already paid.

 

12.  City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the Owner to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council.

 

13.  City Council authorize the City Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes, as set out in the Contribution Agreement.

 

Conditions to Ontario Land Tribunal Order

 

14.  In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

 

a.  the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer; and

 

b.  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 as adopted by City Council is brought into force as it applies to the Development Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed SASP into Section 14 of the Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan.

 

15.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that:

 

a.  the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

 

b.  the proposed Zoning By-law Amendment(s) contain a Holding ('H") provision regarding the following matters, whereby the Owner has, at its sole cost and expense:

 

i.  submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report taking into account any existing, approved and proposed developments and any required materials and analysis to address stormwater, sanitary and water capacity matters and infrastructure improvements and/or new municipal infrastructure determined to be required to support the Revised Proposal (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

 

ii.  has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

 

iii.  submitted a revised Multi-Modal Transportation Impact Study, including a comprehensive Travel Demand Management plan satisfactory to the General Manger, Transportation Services and thereafter implement any such requirements as part of the Draft Plan of Subdivision and/or Site Plan Control application;

 

iv.  submitted a Compatibility/Mitigation Study, including a satisfactory peer review, that is acceptable and satisfactory to the Chief Planner and Executive Director, City Planning and thereafter has secured the implementation of any required mitigation measures in a manner satisfactory to the Chief Planner and Executive Director, City Planning;

 

v.  submitted a revised Noise and Vibration Study, recommending that the lands be designated as Class 4 area pursuant to NPC-300 Guidelines, which will be peer reviewed at the Owner's sole cost and expense, with such reports being satisfactory and acceptable to the Chief Planner and Executive Director, City Planning, and the Owner shall thereafter implement the mitigation measures, as part of the Zoning By-law Amendment and/or Site Plan Control Application;

 

vi.  a Section 37 Agreement has been entered into satisfactory to the Chief Planner and Executive Director, City Planning and has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in the recommendations above and securing the matters required to support the development outlined in the recommendations above; and

 

vii.  obtained approval of the Draft Plan of Subdivision under subsections 51(31) or 51(56) of the Planning Act.

 

16.  City Council direct the Owner to submit to the City a complete resubmission on the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications including updated reports, plans, drawings and materials to provide alignment between all applications to implement the Settlement Offer satisfactory to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the appropriate divisions.

 

17.  If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022.

 

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

 

Confidential Appendices A, B and C to the supplementary report (June 13, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the supplementary report (June 13, 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 supplementary report (June 13, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

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

Background Information (City Council)

(June 7, 2022) Report from the City Solicitor on 1966-2050 Eglinton Avenue East and 50 Thermos Road - Official Plan Amendment and Zoning By-law Amendment - Request for Directions (CC45.17)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-226862.pdf
Confidential Attachment 1 - Confidential Information
(June 13, 2022) Supplementary Report from the City Solicitor on 1966 - 2050 Eglinton Avenue East and 50 Thermos Road - Official Plan Amendment and Zoning By-law Amendment - Request for Directions
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-227185.pdf
Confidential Attachment 1 - Confidential Recommendations and Confidential Information
Confidential Appendix A - Confidential Information - made public on June 24, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-227188.pdf
Confidential Appendix B - Confidential Information - made public on June 24, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-227189.pdf
Confidential Appendix C - Confidential Information - made public on June 24, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-227190.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 (June 13, 2022) from the City Solicitor [CC45.17a]:

 

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Supplementary Report (June 13, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, and Confidential Appendix C to the Supplementary Report (June 13, 2022) from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

 

3. City Council direct that all other information contained in Confidential Attachment 1 to the Supplementary Report (June 13, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.


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