Item - 2018.CC44.40

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

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendix A to the report (July 20, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 13, 2018 in Confidential Attachment 2 to the report (July 20, 2018) from the City Solicitor in principle subject to Parts 2 to 6 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer dated July 13, 2018 in Confidential Attachment 2  to the report (July 20, 2018) from the City Solicitor, with any necessary revisions to address the matters identified in Parts 3 to 6 below.

3.  City Council accept an off-site parkland dedication of the property at 58 Helendale Avenue and an indexed cash-in-lieu contribution of $900,000.00 payable upon the issuance of the first above grade building permit in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer dated July 13, 2018 in Confidential Attachment 2 to the report (July 20, 2018) from the City Solicitor, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor;

the cash-in-lieu contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; and

the Applicant will be responsible at their expense to undertake the Base Park Improvements including demolition and removal of structures and foundations as well as the environmental assessment, peer review, and any necessary remediation to the off-site parkland dedication.

4.  City Council approve a development charge credit, if applicable, against the Parks and Recreation component of the development charges for the design and construction by the Owner of above base park improvements 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 designing and constructing 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.

5.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution of $2,500,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development and to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, as follows:

a.  $1,500,000.00 to be allocated to public realm improvements in Ward 16 in the Yonge-Eglinton Secondary Plan area; and

b.  $1,000,000.00 to be allocated to local Park improvements in Ward 16 in the Yonge-Eglinton Secondary Plan area, including Eglinton Park;

ii.  the $2,500,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Local Planning Appeal Tribunal:

i.  the above base improvements for the off-site parkland dedication referred in Part 3 above and the development charge credit referred to in Part 4 above, if applicable;

ii.  streetscape improvements on Duplex Avenue, including aa sidewalk widening of approximately 3 metres at the intersection of Eglinton Avenue West and Duplex Avenue, and additional above-base streetscape and landscaping treatments adjacent and in the vicinity of the site to be provided at the Applicant's sole cost;

iii.  the conservation of the former Toronto Hydro building at 50 Eglinton Avenue West, substantially in accordance with the Settlement Plans, to be provided at the Applicant's sole cost, with the new base building set back, primarily at the ground floor level, from the facades of the existing Toronto Hydro heritage building that are to be conserved, to the satisfaction of the Senior Manager, Heritage Preservation Services, in order to provide a minimum 3 metres wide double height walkway/colonnade in this area, while taking into account Crime Prevention Through Environmental Design principles, and that the owner enter into any required agreements, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iv.  an agreement from the Applicant to not oppose the designation of the Toronto Hydro building at 50 Eglinton Avenue West under Part IV of the Ontario Heritage Act, and its inclusion on the City's Heritage Register, and to provide a Conservation Plan prior to Site Plan Approval for the development, substantially in accordance with the approved settlement, to the satisfaction of the Senior Manager, Heritage Preservation Services, and to enter into a Heritage Easement Agreement for the conserved portions of the property, including provisions for a Letter of Credit to secure the approved conservation work, prior to the first building permit for the development, should City Council state an intention to designate the property and authorize the Heritage Easement Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

6.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment and Official Plan Amendment applications until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed zoning by-law amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the City has received an executed Section 37 Agreement securing the benefits outlined in Part 5 above and the Section 37 Agreement has been registered on title to the Subject Property; and

c.  the Applicant has resubmitted to the City for review updated supporting information and reports, including but not limited to a revised Traffic Impact Study, Parking and Loading Study, Waste Management Study, Servicing Reports, Heritage Impact Assessment, and a full submission of revised plans for the Subject Site and for the proposed consolidated development of the Subject Site and the adjacent approved development at 90 Eglinton Avenue West, all of which are to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.

Confidential Attachment 2 and Confidential Appendix A to the report (July 20, 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 20, 2018) 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 (July 20, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.