The filed record
537-547 Eglinton Avenue East and 59 and 61 Hoyle Avenue - Official Plan and Zoning By-law Amendment - Ontario Land Tribunal Appeals - Request for Directions
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The decision
2023-07-19 · Toronto City Council · adopted
As filed
City Council on July 19 and 20, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff Confidential Attachment 1 to the report (June 30, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (June 30, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 30, 2023) 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 (June 30, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated June 30, 2023 set out in Confidential Appendix A to the report (June 30, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement and revised plans. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that: a. the Zoning By-law Amendment and Official Plan Amendment are in final form and content, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning; b. the Owner has submitted an updated Computational Fluid Dynamics pedestrian level wind study, including the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the Owner has submitted a satisfactory Hydrogeological Report, and Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Owner has satisfactorily addressed any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the Owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; f. the Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template; g. the Owner has submitted a satisfactory Transportation Impact Study, including an acceptable Parking and Loading Study and Transportation Demand Management Strategy satisfactory and the General Manager, Transportation Services; h. If it is determined that there are affected rental housing units and/or dwelling rooms with existing tenants, the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; i. if it is determined that a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 , as applicable. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (June 30, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (June 30, 2023) 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 (June 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On July 29, 2021, the City received a Zoning By-law Amendment application to permit a 21-storey residential building at 537-547 Eglinton Avenue East. On October 27, 2021, a related Official Plan Amendment application was received. On September 23, 2021 and December 9, 2021, City Council refused the applications and directed that staff oppose any appeal to the Ontario Land Tribunal (the "Tribunal"). The applicant appealed City Council's refusal of the Zoning By-law Amendment and Official Plan Amendment applications to the Ontario Land Tribunal on October 29, 2021 and March 3, 2022 respectively (the "Appeals").
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The 537-547 Eglinton Avenue East lands were subsequently sold to the owner of 59 and 61 Hoyle Avenue, and the new owner assumed the applications and Appeals. The development proposal was revised on September 15, 2022 to include the 59 and 61 Hoyle Avenue lands, and for a 25-storey mixed-use building with approximately 720 square metres of non-residential gross floor area at grade. A number of Case Management Conferences have taken place, and a hearing was scheduled for June, 2023. The scheduled hearing was adjourned on consent to allow for ongoing discussions between the parties. A further Case Management Conference, potentially convertible to a settlement hearing, is scheduled for September 8, 2023. This is the last opportunity to get direction from City Council in advance of the scheduled Case Management Conference. As such, this item is urgent and cannot be deferred.
Staff recommended
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information
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contained in Confidential Attachment 1 to this report 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.
On the record
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