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Toronto City Council · 2021-04-07 · 2021.CC31.11

The filed record

1-70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, 14, 18, 19, 22, 23 and 26 Engelhart Crescent and 64 and 68 Harris Park Drive - Official Plan Amendment - Request for Directions

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The decision

2021-04-07 · Toronto City Council · amended

As filed

City Council on April 7 and 8, 2021, adopted the following: 1. City Council receive the supplementary report (April 6, 2021) from the City Solicitor for information. 2. City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Gary Crawford. 3. City Council direct that the confidential instructions to staff adopted by City Council remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege and information regarding potential litigation.

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4. City Council direct that Confidential Attachment 1 and Confidential Appendices A, B and C to the supplementary report (April 6, 2021) from the City Solicitor, remain confidential at the discretion of the City Solicitor as they contain advice that is subject to solicitor-client privilege. 5. City Council direct that Confidential Attachment 1 to the report (March 30, 2021) from the City Solicitor remain confidential. The confidential instructions to staff adopted by City Council 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 and information regarding potential litigation. The confidential instructions to staff will be made public at the discretion of the City Solicitor, Confidential Attachment 1 to the report (March 30, 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 and C to the supplementary report (April 6, 2021) 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. Confidential Attachment 1 and Confidential Appendices A, B and C to the supplementary report (April 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On October 4, 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 known as the Eglinton Square lands (1-70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, 14-26 and 19-23 Engelhart Crescent, and 64-68 Harris Park Drive) Application Number 16 230579 ESC 35 OZ to permit a mixed use development. (The "Originally Proposed SASP").

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The Originally Proposed Site and Area Specific Policy maintained the existing Mixed Use Areas and Neighbourhoods designations. The Originally Proposed Site and Area Specific Policy provided for a mixed-use community to develop over time on the lands. 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. A related Rental Housing Demolition and Conversion application (File Number 16 230698 ESC 35 RH) under Section 111 of the City of Toronto Act, 2006 (Chapter 667 of the Municipal Code) was also submitted on October 4, 2016 to allow for the removal of 91 rental units in eight (8) existing apartment buildings, to be replaced elsewhere in the future redevelopment of the site. Review of this application is underway and a decision on this application will be deferred until such time as a decision has been made by the Local Planning Appeal Tribunal on the Official Plan Amendment application, and a decision has been made on the Zoning By-law Amendment (17 242390 ESC 35 OZ) application for these lands. On November 10, 2017, the applicant appealed their proposed Official Plan Amendment to the Local Planning Appeal Tribunal due to Council's failure to make a decision within the statutory timeframe. On December 16, 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 to include all of its lands, inclusive of the existing shopping mall, and excluding the lands south of Engelhart Crescent (Block E in the Originally Proposed Site and Area Specific Policy, which contains the four existing rental apartment buildings at 19-23 Engelhart Crescent and 64-68 Harris Park Drive) with a proposed density of 4.9 times the area of the lands. The Resubmission Letter was not accompanied by any supporting reports or update letters from the original application, as acknowledged in the Resubmission Letter. City Staff are not in a position to adequately review, circulate and comment on the revised proposal given the lack of a complete submission package. City staff require a complete submission package, including supporting reports, in order to adequately review and comment on the revised proposal 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 the January 29, 2020 City Council meeting and due to COVID-19 it was subsequently deferred to the July 28 and 29 City Council meeting and then the November 25 and 26, 2020 City Council meeting. The purpose of this report is to request further instructions in this matter which is the subject of an appeal to the Local Planning Appeal Tribunal.

Staff recommended

The City Solicitor recommends that: 1. City Council direct that all information contained in Confidential Attachment 1 of the report (March 30, 2021) from the City Solicitor remain confidential.

    On the record

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