Item - 2021.CC31.13

City Council on April 7 and 8, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (April 6, 2021) from the City Solicitor, as amended by motion 1 by Councillor Michael Thompson.

2. City Council direct that the confidential instructions to staff in Confidential Attachment 1, as amended, 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.

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (April 6, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4.  City Council direct that Confidential Attachment 1 to the report (March 30, 2021) from the City Solicitor remain confidential.

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.

The confidential instructions to staff in Confidential Attachment 1, as amended, 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.  The confidential instructions to staff in Confidential Attachment 1, as amended, 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.

The balance of Confidential Attachment 1 to the supplementary report (April 6, 2021) 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 supplementary report (April 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

August 27, 2021

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (April 6, 2021) from the City Solicitor, as amended by motion 1 by Councillor Thompson, have been partially released, the City Solicitor having exercised the City Solicitor's discretion to make portions of them public, as follows:

1.  City Council accept the settlement offer attached as Confidential Appendix A (the "Settlement Offer") and substantially in the form and content of Confidential Appendix B to the supplementary report (April 6, 2021) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1880-1890 Eglinton Avenue East and 1523-1545 Victoria Park Avenue (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to support the Revised Proposal, subject to Parts 2 to 9 below, subject to the Owner increasing the number of affordable housing units set out in the Settlement Offer to 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of at least 15 years and that such confirmation of an increase is received on or before April 15, 2021 (or a date as otherwise agreed to by the City and the Owner):

2.  City Council direct that the Owner will provide lands for:

a.  a future public street network;

b.  the future implementation of transit priority measures on Victoria Park Avenue and/or otherwise provide for satisfactory arrangements to the General Manager, Transportation Services for the Transit Corridor Study along Victoria Park Avenue; and

c.  public realm improvements on Eglinton Avenue East for pedestrians and cyclists.

3.  City Council direct that, provided Policy 5.1.1 of the Official Plan is met regarding the Zoning By-law Amendment, in exchange for the increase in height and/or density to permit the Revised Proposal at the density of 3.95 times the area of the lot described above, the Owner will agree to provide to the City:

a.  $13,500,000 for the provision of 30,000 square feet of community service facility space to be provided in phase 1 of the Revised Proposal; and

b.  the provision of 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided in phase 2 (Block G) and phase 3 (Block D) of the Revised Proposal and the Owner may apply for additional financial assistance through the City of Toronto's Open Door Program to lengthen and/or deepen affordability.

4.  City Council direct that the Owner provide a phasing plan as part of the Zoning By-law Amendment and draft Plan of Subdivision application process for the development, municipal servicing and public street infrastructure, parkland dedication, affordable housing, and community benefits for the Development Site and in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor, and such matters are recommended to be secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

5.  City Council authorize the inclusion of a portion of Craigton Drive in the proposed Official Plan Amendment for the Development Site, as generally shown in Confidential Appendix B to the supplementary report (April 6, 2021) from the City Solicitor; and City Council resolve that such inclusion of a portion of Craigton Drive shall not fetter the discretion of the City in the operation, management and/or control of such lands, including any potential future disposition or non-disposition of such lands and no amendment to such policies contained in the proposed Official Plan Amendment related to Craigton Drive are permitted without the consent of the City and to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

6.  Part 6 of the instructions remains confidential.

7.  In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order(s) until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

a.  the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer;

b.  the revised Zoning By-law Amendment has been endorsed by City Council;

c.  the draft Plan of Subdivision Application is satisfactory to the Chief Planner and Executive Director, City Planning; and

d.  the Owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, amending Schedule 1 to Official Plan Amendment 499 (and on associated maps of Official Plan Amendment 499) by removing the requested designation for Parks on the Site and supporting the requested Parks designation included in the proposed Official Plan Amendment for the Site.

8. Part 8 of the instructions remains confidential.

9.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A, B and C to the supplementary report (April 6, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, and can be accessed under Background Information (City Council).