Item - 2018.CC44.26

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C and D to the report (July 17, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer as set out in Confidential Appendix A (the "Settlement Offer"), Confidential Appendix B (the "School Site Plans"), Confidential Appendix C (the "Daycare Plans"), and Confidential Appendix D (the "Townhouse Plans") to the report (July 17, 2018) from the City Solicitor, subject to Parts 2 and 3 below, and City Council authorize the City Solicitor to execute Minutes of Settlement, as necessary, to give effect to the settlement of the Zoning By-law Amendment Appeal.

2.  City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal that the City supports the proposed development substantially in accordance with the plans dated July 13, 2018, Confidential Appendices B, C and D to the report (July 17, 2018) from the City Solicitor, (collectively the "Revised Plans"), subject to the following:

a.  the City Solicitor, along with appropriate staff, and the Owner shall provide the Local Planning Appeal Tribunal with only one of the three sets of Revised Plans to the satisfaction of the Chief Planner and Executive Director, City Planning, and that one plan shall be substantially in accordance with the respective Confidential Appendix B, C, or D as attached to the report (dated July 17, 2018) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  in addition to Part 2 a. above, the heights, separation distance, setbacks, stepbacks, among other elements specific to each of the plans, more specifically, the School Site Plans, the Daycare Plans and the Townhouse Plans shall not be interchangeable with each other and these plans shall be substantially in accordance with the respective Confidential Appendix as attached to the report (dated July 17, 2018) from the City Solicitor;

c.  the proposed development on Parcel 2 as shown on A1.2 of the Revised Plans will consist of the following:

i.  a maximum 12 storey residential building, having among other matters, a maximum height of 32.40 metres to the top of the roof exclusive of mechanical penthouse, to a maximum height of 36.0 metres to the top of the amenity floor, and to a maximum height of 36.60 metres to the top of the mechanical penthouse, all as shown on the Revised Plans, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  the building identified in Part 2.c.i above, shall be set back a minimum of 7.5 metres from the property line along St. Dennis Drive, as shown on page A1.3 of the Revised Plans;

iii.  in addition to the residential building permitted in Parts 2.c.i. and ii. above, Parcel 2 shall consist of only one of the following Parts below, either iv., v. or vi., as described:

iv.  all as shown on the School Site Plans, including among other matters a maximum 2 storey public school having a maximum height of 6.2 metres to the roof as identified on A4.10 of the School Site Plans adjacent to the new public street and St. Dennis Drive and this building shall be set back a minimum of 5.0 metres from the new public street, and shall be set back  a minimum of 4.5 metres from the required right-of-way widening identified in Part 2.i.iii. below, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

v.  all as shown on the Daycare Plans, including among other matters a one storey daycare with a maximum non-residential gross floor area of 750.28 square metres, adjacent to the new public street and St. Dennis Drive and this building shall be set back a minimum of 5.0 metres from the new public street and shall be set back a minimum of 7.5 metres from the required right-of-way widening identified in Part 2.i.iii. below, all to the satisfaction of the Chief Planner and Executive Director, City Planning; or

vi.  all as shown on the Townhouse Plans, including among other matters a three-storey townhouse building, and having a maximum height of 9.84 metres to the roof terrace, exclusive of the top of the staircase, to a maximum of 12.91 metres to the top of the staircase, adjacent to the new public street and St. Dennis Drive and this building shall be set back a minimum of 5.0 metres from the new public street and shall be set back a minimum of 7.5 metres from the required right-of-way widening identified in Part 2.i.iii. below, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

d.  the proposed development on Parcel 3 as shown on Page A1.2 of the Revised Plans will consist of the following:

i.  all as shown on Page A1.02 of the Revised Plans, including among other matters, a three-storey townhouse building, and having a maximum of 9.84 metres to the roof terrace, exclusive of the top of the staircase, to a maximum of 12.91 metres to the top of the staircase, and this building shall be set back a minimum of 5.0 metres from the new public street and shall ensure the minimum setbacks and separation distances, as identified in A1.3 of the Revised Plan, including, but not limited to, those to the existing 17 storey rental building on site, and those to the proposed 37 storey building, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e.  should the Local Planning Appeal Tribunal be presented with the School Site Plans as directed by Parts 2.a. and 2.b. above, the proposed 37 storey building on Parcel 3 as shown on Page A1.2 and A1.3 of the Revised Plans shall be in accordance with the School Site Plans, among other matters, including the following:

i.  this building shall be a maximum of 37 storeys and up to a maximum height of 110.5 metres, exclusive of mechanical penthouse, and up to a maximum height of 115.5 metres inclusive of mechanical penthouse, all to the satisfaction of the Chief Planner and Executive Director, City Planning;  

f.  should the  Local Planning Appeal Tribunal be presented with the Daycare Plans or the Townhouse Plans as directed by Parts 2.a and 2.b. above, the proposed 37 storey building on Parcel 3 as shown on Page A1.2 and A1.3 of the Revised Plans shall be in accordance with the Daycare Plans or the Townhouse Plans, among other matters, including the following:

i.  this building shall be a maximum of 37 storeys and up to a maximum height of 107.7 metres, exclusive of mechanical penthouse, and up to a maximum height of 112.7 metres inclusive of mechanical penthouse, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

g.  the maximum heights of any buildings to be developed on this site as identified on the Revised Plans and in these Parts 2.c. to f. above are subject to a technical modification in determination of grade for measuring height in the Canadian Geodetic Datum, such that the maximum heights in metres identified in Parts 2.c. to 2.f. above may increase up to a maximum of 0.5 metres from 127.0 metres above sea level, if required due to grade changes necessary to connect and rationalize the existing underground parking garage to the new proposed underground parking, provided such heights above are not subject to any further modifications;

h.  the proposed 37 storey building as described in Part 2.e or 2.f., above shall have a podium height of up to a maximum of 19.3 metres all as shown on the Revised Plans and shall be up to a maximum of 6 storeys and a mezzanine floor on the School Site Plans or the podium shall be up to a maximum of 7 storeys on the Daycare Plans and the Townhouse Plans;

i.  prior to the issuance of the final building permit, including if such final building permit is conditional, for any building or structure as generally shown on Parcel 3 on the Revised Plans for any portion of the Site, the Owner shall provide the following municipal services to the lot line and the following provisions shall be complied with, and shall be subject to Part 2.j. below, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and subject to the following below:

i.  the Owner shall, at its own cost, design, build and convey, to the City, free of encumbrances, a new public street on the western portion of the site that is 14.0 metres in width and connects St. Dennis Drive and Grenoble Drive, generally as shown as Parcel 6 on Page A1.2 of the Revised Plans, including intersection improvements and any identified new signals or signage and pedestrian/cycling infrastructure, should they be required, all to the City’s applicable policies, standards and guidelines for public streets, the precise location and specifications of which are to be secured in conjunction with site plan approval for the first phase of the development, and including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, and the new public street is to be constructed to a minimum of base curb and base asphalt and connect to both St. Dennis Drive and Grenoble Drive;

ii.  the Owner shall, at its own cost, ensure that all water mains and sanitary sewers, and appropriate appurtenances, if identified as required, have been installed and are operational, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii.  prior to the issuance of the first above grade building permit for any part of the Site, the Owner shall convey the required right-of-way widening of 1.44 metres along St. Dennis Drive to the City, as generally identified as Parcel 4 on the Revised Plans, including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv.  prior to the issuance of the first above grade building permit for any part of the Site, the Owner shall provide securities and a satisfactory irrevocable letter of credit of 120 percent of the value required to secure the design, construction and conveyance to the City of the public street identified in Part 2.i.i. above, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

v.  all of the above requirements in Part 2.i.i. to iv. above shall be secured through a Plan of Subdivision process to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, and additionally identified in the implementing zoning by-law amendments and a Section 37 agreement; and

vi.  in any event, no new residential use shall be permitted on the Site until the new public street has been completed and is operational and has been  conveyed to and accepted by the City;

j.  there shall be no issuance of any above grade building permit for Parcel 2 as generally shown on the Revised Plans if Part 2.i. above has not been satisfied in its entirety to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

k.  should the Local Planning Appeal Tribunal approve the proposed Zoning By-law Amendment, the implementing zoning by-law amendments and Section 37 Agreement  shall identify and include a  requirement for,  a minimum of 1,115.52 square metres of on-site parkland dedication pursuant to section 42 of the Planning Act, in the south-east portion of the site, generally as identified as Parcel 5 as identified on Page A1.2 of the Revised Plans, to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all  to the satisfaction of the General Manager, Parks, Forestry and Recreation, in addition to the following below:

i.  prior to the issuance of the first above grade building permit for any building on the site, the Owner shall pay the full value of the cash-in-lieu of parkland to make up for the shortfall in on-site parkland dedication in accordance with Chapter 415-23 B, Article III of the Toronto Municipal Code, as amended, for the residential component, and if applicable, the non-residential component would be subject to a 2 percent parkland dedication rate;

ii.  should excavation, shoring and/or construction staging be required after the first above-grade building permit, as it relates to the lands that have been conveyed for the section 42 parkland identified in Part 2.k. above, the Owner shall be required to enter into an agreement with the City to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

ii. the Owner agrees to design and construct the Above Base Park Improvements to the new park for a development charge credit against the Parks and Recreation component of the Development Charges to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of installing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time; the Owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development; and the letter of credit will be required prior to the issuance of the first above grade building permit;

l.  a minimum of 95 square metres of privately-owned publicly accessible open space shall be provided and maintained on the site by the Owner, and the Owner shall convey at no cost to the City a public access easement for such area, including provision for a plaque identifying such, and prior to the issuance of the first above-grade building permit for all or any part of the site, such to be additionally secured through the Section 37 Agreement and Zoning By-law provisions, as required in Part 2.m. below, and public access to the POPS shall not be permitted until residential use is granted to the 37 storey residential building located on Parcel 3 as identified in the Revised Plans;

m.  the Owner shall provide to the City  pursuant to Section 37 of the Planning Act and secure such in the implementing Zoning By-law Amendments and enter into and register on title to the Site, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor the following:

i.  prior to the issuance of the first above-grade building permit the Owner shall pay to the City the sum of $2,400,000.00 to be used towards parkland improvements within the Flemingdon Park or Thorncliffe Park community and/or other capital purposes in the vicinity of the Site as may be agreed to by the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, in consultation with the local Councillor, excluding Public Art;

ii.  the financial contribution referred to in Part 2.m.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made;

iii.  in the event the cash contribution referred to in Part 2.m.i. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community;

iv.  the Owner shall provide and maintain 297 existing dwelling units at 25 St. Dennis Drive on the site as rental housing for the period of at least twenty (20) years, from the date of the Zoning By-Law being in-force and effect, with all the new and retained associated facilities and amenities of the buildings to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

v.  the Owner shall provide a Construction Mitigation Plan and Tenant Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Building Official and Executive Director, Toronto Building, and the General Manager, Transportation Services, prior to the first building permit, including a permit for excavation or shoring and any conditional permit, and thereafter the Owner shall implement such Plan and Strategy;

vi.  in the event the General Manager, Transportation Services determines the following matters identified in Parts 2.m.vii. and 2.m.viii. are required, the Owner shall, at its sole expense, provide such matters to the satisfaction of the General Manager, Transportation Services, and such matters shall be secured in the Section 37 Agreement as a matter of convenience, and if required in the bylaws, before the Local Planning Appeal Tribunal issues its Order on the Zoning By-law Amendment;

vii.  the Owner shall, at its sole expense, conduct an all-way stop control warrant analysis on the intersection of Grenoble Drive and the new north-south public street identified in Part 2.i.i. above, including new, diverted and potential other future trips (specifically the site west of the subject site) for all modes of transportation, and should the warrant be met, as determined by the General Manager, Transportation Services, the Owner shall, at its sole cost, pay for and install all-way stop control measures at this intersection, all to the satisfaction of the General Manager, Transportation Services however an inbound left-turn from Grenoble Drive to the Site will not be restricted; and

viii.  the Owner shall, at its sole expense, conduct a warrant analysis on the intersection of St. Dennis Drive and the new north-south public street identified in Part 2.i.i. above, in order to install a PXO or other appropriate traffic control devices, and this analysis shall be conducted during the busiest 8 hours of vehicle and pedestrian counts at the location of interest, and shall include future conditions and relevant traffic projections, and should the warrant be met, as determined by the General Manager, Transportation Services, the Owner shall, at its sole cost, pay for and install a pedestrian crossing measure or other identified traffic control measures on St. Dennis Drive from the new public street, all to the satisfaction of the General Manager, Transportation Services; and

n.  the Owner agrees to the following matters to be determined and secured, if necessary, at the time of Site Plan Approval:

i.  the school bus bay configuration on Grenoble Drive, in consultation with the Toronto District School Board, whereby the Owner, at its sole cost, shall pay for and construct any changes to the school bus bay on Grenoble Drive all to the satisfaction of the General Manager, Transportation Services;

ii.  the on-street parking and/or bus bay on Grenoble Drive directly adjacent to Grenoble Public School (municipally known as 9 Grenoble Drive), in consultation with the Toronto District School Board, whereby the Owner, at its sole cost, shall pay for and construct any changes to such on-street parking and/or bus bay, all to the satisfaction of the General Manager, Transportation Services;

iii.  the bicycle lane and school zone safety plan as set out in Vision Zero, in coordination with the Vision Zero team, whereby the Owner, at its sole cost, shall pay for and construct any changes to the planned installation of cycling lanes on Grenoble Drive to accommodate the new public street, all to the satisfaction of the General Manager, Transportation Services; and

iv.  the Owner shall pay for and construct the one-street drop-off facility on the new north-south public street identified in Part 2.i.i. above, and appropriate landscape and tree planting treatments to the south-east corner of St. Dennis Drive and the new public street intersection to address the future land uses of that area, all to the satisfaction of the General Manager, Transportation Services.

3.  City Council authorize the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal hearing in support of the Zoning By-law Amendment Application for 25 St. Dennis Drive, as described in Parts 1 and 2 above and request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such a time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the final form and content of the Zoning By-law Amendments are satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Parks, Forestry and Recreation and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor; and

c.  the Local Planning Appeal Tribunal has received confirmation from the City Solicitor that the Owner has at its expense:

i.  provided a Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

ii.  designed and provided financial securities for, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, Foundation Drainage Report, and Hydrological Review to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing and Stormwater Management Report, Foundation Drainage Report, and Hydrogeological Review, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

iii.  confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; and

vi.  should it be deemed necessary by the Chief Engineer and Executive Director, Engineering and Construction Services, the by-laws and the Section 37 Agreement shall require the Owner, at no cost to the City, prior to the issuance of any above-grade building permit for all or any part of the site, including for clarity, any conditional above-grade building permit, to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, Foundation Drainage Report, and Hydrological Review to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor.

Confidential Appendices A, B, C and D to the report (July 17, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.