1001 Ellesmere Road - Zoning Amendment Application - Further Request for Direction

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The decision

2021-12-15 · Toronto City Council · amended

As filed

City Council on December 15 and 16, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson. 2. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson and Confidential Attachment 2 to the report (December 7, 2021) from the City Solicitor.

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3. City Council direct that Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in the confidential attachment to motion 1 by Councillor Michael Thompson were adopted by City Council and are now public as follows: 1. City Council accept the Revised Settlement Offer dated July 13, 2021 set out in Public Attachment C to the report (December 7, 2021) from the City Solicitor, and City Council direct the City Solicitor and appropriate staff to take necessary steps to implement the amendments set out in Confidential Attachment 2 to the report (December 7, 2021) from the City Solicitor, including attending the Ontario Land Tribunal in support of the amendments as required. Confidential Attachment 2 to the report (December 7, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council). Confidential Attachment 1 to the report (December 7, 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 that is subject to solicitor-client privilege.

On the agenda

As the city filed it

Goldman Ellesmere 2 Developments Incorporated and the Goldman Group (the "Owner") applied to redevelop a former industrial site with townhouses and a 4-storey commercial building at 1001 Ellesmere Road (the "Site") in 2014. The Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications were appealed to the Ontario Land Tribunal (the "Tribunal") due to the City's lack of decision within the statutory timeframe.

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On March 31, 2015, City Council supported a settlement with the Owner, which was ultimately approved by the Tribunal. The Tribunal's approval re-designated a portion of the Site Mixed Use Area (Blocks 1, 2, 3), while maintaining the Employment Area designation for another portion of the Site (Block 4). As a result of the settlement, townhouses are permitted on Blocks 1, 2 and 3, whereas Block 4 is only permitted to have certain commercial uses. The settlement contemplated specific phasing of the development, and required that Block 4 be developed for commercial uses prior to residential townhouse development on Block 3. The Zoning By-law Amendments (By-law 1109-2015 (Ontario Municipal Board), and By-law 892-2016 (Ontario Municipal Board)), require phasing, which is secured and set out in greater detail in in both the Section 37 Agreement (Public Attachment A) and the Subdivision Agreement (Public Attachment B). Townhouses have been developed on Blocks 1 and 2, and the Owner has provided the City with a proposed revision to the settlement offer (Public Attachment C). The purpose of this report is to request further instructions on this revision.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 and Confidential Attachment 2 is

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to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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