1880 - 1890 Eglinton Avenue East and 1523 - 1545 Victoria Park Avenue - Official Plan Amendment - Request for Directions

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The decision

2021-02-02 · Toronto City Council · amended

As filed

City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 22, 2021) from the City Solicitor. 2. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson. 3. City Council direct that Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor, and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

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Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson 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. Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (January 22, 2021) from the City Solicitor and the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On December 22, 2016, the applicant submitted an Official Plan Amendment to amend the Toronto Official Plan to add a Site and Area Specific Policy ("SASP") for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Subject Lands") to permit a mixed use development. The Subject Lands are located within the Golden Mile Secondary Plan study area. The proposed SASP included building heights ranging from one-storey to 39-storeys, 2,614 residential units (242,799 square metres of residential uses) and 30,629 square metres of non-residential uses, with a proposed gross Floor Space Index ("FSI") of 3.5 times the area of the site, for a total gross floor area of 273,428 square metres.

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The proposed mixed-use development would include multiple tall buildings with a range of building heights and stacked townhouses with a total of 1,630 residential units and 26,004 square metres of new retail uses proposed to be developed in five (5) blocks. On March 5, 2018, the applicant appealed their proposed SASP to the Local Planning Appeal Tribunal (the "LPAT") due to Council's failure to make a decision within the statutory timeframe. On November 8, 2019, the City received a letter from the applicant's solicitor, being a "with prejudice" settlement offer and formal revision to the application ("Resubmission Letter"). The Resubmission Letter advised that the applicant has amended its application, including an increase in proposed density to 4.28 times the area of the lands, comprising of approximately 3,291 residential units (303,215 square metres of residential uses) and 31,173 square metres of non-residential uses, for a proposed total gross floor area of 334,928 square metres. The Resubmission Letter also provided an updated OPA by-law, which provides for upwards of 340,000 square metres of gross floor area, which is a significant increase of approximately 61,500 to 66,572 square metres of gross floor area. The Resubmission Letter was not accompanied by any supporting reports or update letters. On September 22, 2020, the applicant filed updated materials and studies in support of its Resubmission Letter. On January 8, 2020, Scarborough Community Council directed that the City Solicitor, the Chief Planner and Executive Director, City Planning and appropriate City staff attend a meeting to discuss a possible resolution of the matter in advance of the January 29, 2020 City Council meeting. The matter was deferred at January 29, 2020 City Council meeting and due to COVID-19 was on the agenda for the July 28 and 29, 2020 meeting of City Council. The matter was considered by Council in July. On October, 2020, the applicant filed zoning by-law amendment and draft plan of subdivision applications for the Subject Lands. A notice of incomplete application letter was issued in November. After further required materials were received by the applicant, a notice of complete application was issued on December 14, 2020. The purpose of this report is to request further instructions regarding a matter appealed to the LPAT.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report from the City Solicitor. 2. City Council direct that all information contained in Confidential Attachment 1 including the Confidential Appendices to the report (January 22, 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.

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