Item - 2022.CC45.24

Tracking Status

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

CC45.24 - 5800 Yonge Street - Official Plan and Zoning By-law Amendments and Draft Plan of Subdivision Applications - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
18 - Willowdale

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 report (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor John Filion.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor John Filion, and Confidential Appendix A to the report (June 8, 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 report (June 8, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

 

Confidential Attachment 1 and Confidential Appendix A to the report (June 8, 2022) 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 in Confidential Attachment 1, as amended by motion 1 by Councillor John Filion, and Confidential Appendix A to the report (June 8, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

The balance of Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

 

July 5, 2022

 

The confidential instructions to staff in Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor John Filion, 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 Without Prejudice Settlement Offer (“Settlement Offer”) dated June 8, 2022, as set out in Confidential Appendix A to the report (June 8, 2022) from the City Solicitor, subject to the following conditions:

 

a.  the Official Plan Amendment, Zoning By-law Amendment and draft plan of subdivision are in a form satisfactory to the City Solicitor;

 

b.  the requirements for the usual environmental site assessments and record of site conditions for the conveyance of the land for the future Beecroft Road extension be waived;

 

c.  forthwith following the issuance of final order by the Ontario Land Tribunal, the owner shall register, to the satisfaction of the City Solicitor, a restriction against title to the child care facility land and the parkland over-dedication lands pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, c. L.5, to restrict the transferring and/or charging of these lands by the owner, other than as may be consented to in writing by the Chief Planner and Executive Director, City Planning, which consent won’t be unreasonably withheld and which for greater certainty, shall not be withheld to facilitate financing and development; 

 

d.  the Section 118 Restriction shall be released by the City of Toronto upon conveyance, to the City, of the child care facility lands and parkland over-dedication lands;

 

e.  as part of site plan control, the owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning; and shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning an updated wind study that includes a wind tunnel analysis and any associated wind mitigation measures;

 

f.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits and other benefits as set out in the in the Settlement Offer;

 

g.  should the matters set out in the Settlement Offer and listed in Parts 1 and 2 herein not have been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal contain a Holding ('H') provision;

 

h. the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, be authorized to finalize the elements of and give effect to the settlement and any other related planning instruments;

 

i. in lieu of the provisions in Paragraph 10 of the Settlement Offer as set out in Confidential Appendix A to the report (June 8, 2022) from the City Solicitor, Times Group will convey to the City, at no cost to the City, the statutory parkland dedication (Block 5 on the draft plan of subdivision) and the parkland over-dedication (Block 1 on the draft plan of subdivision) no later than upon registration of the subdivision agreement; Times Group will convey to the City, at no cost to the City, the completed childcare facility (building and land, being Block 6 on the draft plan of subdivision) on or before July 1, 2026, except, in the event the public road on the Beecroft extension (being Block 9 on the draft plan of subdivision) has not been completed by January 1, 2026 , then the conveyance of the completed childcare facility to the City shall be no later than six months from the date of the start of construction of the public road on Block 9 as determined by the City;

 

j. Times Group shall have the right to occupy the new east-west public road (Block 8 on the draft plan of subdivision), subject to the City's normal right of way occupancy/encroachment provisions, but for nominal consideration, for the purpose of construction staging and parking until first occupancy of the Phase 1 towers; and

 

k. the City acknowledges that the Times Group may request lane closures on the Beecroft extension and/or Yonge Street for construction purposes and Times Group acknowledges that such requests will be considered through the City's normal process.

 

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 Settlement Offer.

 

Confidential Appendix A to the report (June 8, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).

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)

(June 8, 2022) Report from the City Solicitor on 5800 Yonge Street - Official Plan and Zoning By-law Amendments and Draft Plan of Subdivision Applications - Request for Direction (CC45.24)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-226968.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on July 5, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-226970.pdf
Confidential Attachment to motion 1 by Councillor John Filion

Motions (City Council)

1 - Motion to Amend Item moved by Councillor John Filion (Carried)

That:

 

1.  City Council amend the confidential instructions to staff in Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor in accordance with the Confidential Attachment to this motion.

 

2. City Council delete public Recommendation 2 and replace it with the following:

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, as amended, and Confidential Appendix A, to the report (June 8, 2022) from the City Solicitor, at the discretion of the City Solicitor.

Vote (Amend Item) Jun-15-2022 6:08 PM

Result: Carried Majority Required - CC45.24 - Filion - motion 1
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Ana Bail„o, Gary Crawford, Cynthia Lai, Joe Mihevc, Denzil Minnan-Wong, Michael Thompson, John Tory

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-15-2022 6:09 PM

Result: Carried Majority Required - CC45.24 - Adopt the Item as amended
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Ana Bail„o, Gary Crawford, Cynthia Lai, Joe Mihevc, Denzil Minnan-Wong, Michael Thompson, John Tory

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Joe Mihevc - as he worked with the applicant in a government relations capacity and that terminated on May 31, 2022.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=11098
Source: Toronto City Clerk at www.toronto.ca/council