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←Toronto City Council · 2022-03-09 · 2022.CC41.10

The filed record

815-845 Eglinton Avenue East - Official Plan and Zoning By-law Amendments and Plan of Subdivision Applications - Further Request for Directions

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The decision

2022-03-09 · Toronto City Council · adopted

As filed

City Council on March 9, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct staff to support the narrowing of the pedestrian walkway easement secured in the Settlement Offer for the pathway to the north of the proposed public park from 5 metres to 2.5 metres in the vicinity of the child care centre in order to accommodate outdoor play space associated with the child care centre. 2. City Council direct that the future public park being secured as part of the development be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development, subject to an agreement having been obtained outlining the insurance requirements, extent of area and use permitted, tree removal and replacement, duration, restoration plan and costs, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 3. City Council direct that any compensation for the use of the future public park in accordance with Part 2 above, be charged in the same manner as set out in Municipal Code Chapter 441 (Fees and Charges), Appendix C - Schedule 2, Transportation Services, Ref. No. 38 describing fees to temporarily occupy a portion of sidewalk or boulevard, or, as otherwise may be agreed between the parties, and to the satisfaction of the General Manager, Parks, Forestry and Recreation. 4. City Council authorize the City Solicitor and necessary City staff to take such further actions as necessary to give effect to City Council's decision. The balance of Confidential Attachment 1 to the report (March 2, 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 report (March 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Riocan Holdings Inc. ("RioCan") applied for Official Plan and Zoning By-law Amendments and Plan of Subdivision to permit the redevelopment of their lands at 815-­845 Eglinton Avenue East (the "Applications"). The Applications were appealed to the Local Planning Appeal Tribunal ("LPAT", now Ontario Land Tribunal, "OLT" or "Tribunal") citing Council's failure to make a decision within the time allotted by the Planning Act.

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The Parties to the appeals participated in a private mediation session on November 18-20, 2019. In November, 2019, RioCan made a settlement offer to the City to resolve the appeals, which was accepted by City Council at its meeting of November 26 and 27, 2019 (the "Settlement Offer"). City Council directed that in the event that the LPAT allows the appeals in whole or in part, the City Solicitor request that the final order approving the zoning by-law amendments be withheld until the LPAT is advised by legal counsel for the City that, amongst other matters, the final form and content of the zoning by-law amendments are acceptable to the City, and a satisfactory Section 37 Agreement has been executed and registered to secure the Section 37 matters. At a settlement hearing held before the Tribunal on February 5, 2020, evidence was presented in support of the Settlement Offer. By its Decision and Order issued on March 4, 2020, the Tribunal amended the City of Toronto Official Plan, the Borough of East York (Leaside) Zoning By-law 1916, as amended, and the City Wide Zoning By-law 569-2013, as amended, and approved the draft Plan of Subdivision to permit the proposed re-development, with the final order withheld in regard to the zoning amendments and the plan of subdivision approval. Since the Tribunal decision approving the settlement was issued, the City Solicitor has been working with counsel for RioCan and City staff to finalize the form of the zoning by-law amendments and the Section 37 Agreement to implement the Settlement Offer. The City Solicitor requires further direction in respect of the implementation of the settlement of the rezoning appeals, such that the Section 37 Agreement can be finalized and a final order can be issued in respect of the zoning by-law amendments. City Planning and Parks, Forestry and Recreation staff have been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in the Confidential Attachment 1. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor, once adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March

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2, 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.

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