Item - 2019.CC13.10

City Council on December 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor Gord Perks.

2. City Council authorize the public release of the confidential instructions to staff, as amended, and the confidential e-mail attached to motion 1 by Councillor Perks.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows:

1.  City Council accept the “with prejudice” settlement offer described in Public Appendix A and Public Appendix C (the “Built Form Settlement Offer”) to the report (December 11, 2019) from the City Solicitor, subject to Parts 2 to 12 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 development set out in the Built Form Settlement Offer.

3.  City Council reject the "with prejudice" settlement offer with respect to community benefits described in Public Appendix B (the "Community Benefits Settlement Offer") to the Report (December 11, 2019) from the City Solicitor.

4.  City Council accept the “without prejudice” community benefits offer in the confidential email (December 18, 2019) from Jason Park, Devine Park LLP attached to motion 1 by Councillor Gord Perks, except that Council shall not accept that the Revised Community Benefits Offer be conditional on the overall parking rate for the Site be set at 0.5 parking spaces per unit (including visitor parking).

5. City Council direct staff to consider an overall parking rate for the Site be set at 0.5 parking spaces per unit (including visitor parking), provided that such a parking rate can be justified, to the satisfaction of the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning.

6.  City Council accept an on-site parkland dedication of 1,832 square metres on the southern part of the Site, immediately adjacent to the existing green space, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Public Appendix C to the report (December 11, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-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.

7.  City Council approve a development charge credit 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.

8.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning for the purpose of securing appropriate community benefits to be based on the value of additional height and/or density beyond what is permitted by the current Zoning By-law, to be registered on title to the lands at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue, and include community benefits that have been identified as being priorities for this are through the High Park Apartment Neighbourhood Area Character Study.

9.  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 rental tenure of the 968 existing units at 35, 65 and 95 High Park Avenue and 66 Pacific Avenue, retained on the site, will be secured as rental dwelling units for 20 years without an application for demolition or conversion to condominium;

ii.  a Tenant Relocation and Assistance Plan shall be provided to all Eligible Tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii.  needed improvements to the existing rental apartment site, without pass-through costs to existing tenants, and access to new indoor and outdoor amenities for all on-site residents;

iv.  a construction mitigation strategy and a communication plan to reduce impacts on remaining tenants;

v.  the requirements of the Toronto District School Board and Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues;

vi.  the requirements of the Toronto Transit Commission, including moving the existing TTC stop on High Park Avenue at Glenlake Avenue, accommodating the TTC bus's accessibility ramps; provision of revised plans with setback requirements; warning clauses and other requirements as noted in the TTC comments along with identified payments, if necessary;

vii.  a 2.1 metre sidewalk along each frontage abutting the site, subject to preservation of existing mature trees where feasible, to be secured through the Site Plan Control process;

viii.  mid-block pedestrian connection(s) as generally shown in Public Appendix B to the report (December 11, 2019) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the Owner shall convey to the City, for nominal consideration, any required easements along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the mid-block connections; the Owner shall own, operate, maintain and repair the pedestrian connections and install and maintain signage, at its own expense, stating that members of the public shall be entitled to use the pedestrian connections at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the pedestrian connections shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

ix.  the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of 2017.PG23.9 of the Planning and Growth Committee, and as may be further amended by Council from time to time; and

x.  the above base improvements for the off-site parkland dedication referred in Part 6 above and the development charge credit referred to in Part 7 above;

xi.  the owner shall provide privately owned publicly accessible open spaces, as generally shown in Public Appendix B to the satisfaction of the Chief Planner and Executive Director, City Planning:

A.  for Unencumbered Soils in front of 95 High Park Avenue and the area in front of 66 Pacific Avenue both as identified on the landscape plan; and

B.  for the Dog Off Leash Areas next to the new park, adjoining the site to the south; and adjacent to the proposed Privately Owned Publicly Accessible Open Space in front of 95 High Park Avenue fronting Glenlake Ave, including:

prior to the issuance of Site Plan Approval, the Owner shall convey to the City, for nominal consideration, easements along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the Privately Owned Publicly Accessible Open Space; the Owner shall own, operate, maintain and repair the Privately Owned Publicly Accessible Open Space and install and maintain signage, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the Privately Owned Publicly Accessible Open Space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

xii.  on-site dog relief areas with proper disposal facilities for existing and new residents and/or a dog relief station within each building; and

xiii.  any measures identified in any updated/revised studies provided for in Parts 10 iv., v., viii. and ix. below, to be implemented through the Site Plan Control process to the satisfaction of the Chief Planner and Executive Director, City Planning.

10.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

i.  the proposed Zoning By-law Amendments are in a form satisfactory to the City, including a prohibition on balconies projecting on the face of Building C when facing balconies at 65 High Park; securing unencumbered soils areas; and securing all rental housing-related matters;

ii.  City Council has approved the rental housing demolition application 16 271601 WET 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006;

iii.  the Owner has entered into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning for the purpose of securing appropriate community benefits to be based on the value of additional height and/or density beyond what is permitted by the current Zoning By-law, to be registered on title to the lands at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue, and include community benefits that have been identified as being priorities for this are through the High Park Apartment Neighbourhood Area Character Study;

iv.  the General Manager of Transportation Services has received a satisfactory Transportation Impact Study and Transportation Demand Management Report;

v  the Chief Engineer and Executive Director, Engineering and Construction Services has confirmed water, sanitary and stormwater capacity, and has received a satisfactory Functional Servicing Report, Storm Water Management Report, and Hydrogeological Report to the satisfaction of the Environmental Monitoring and Protection Unit of Toronto Water;

vi.  the Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the functional servicing report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

vii.  the Owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 68-10;

viii.  the Chief Planner and Executive Director, City Planning has received a satisfactory Pedestrian Level Wind Study, Toronto Green Standards Checklist; Housing Issues Report; Natural Heritage Impact Study; and

ix.  the General Manager of Parks, Forestry and Recreation has received satisfactory Landscape Plans, Soil Volume Plan, Arborist Report and Tree Protection Plan for review to the satisfaction of Urban Forestry.

11.  City Council defer making a decision at this time on application 16 271601 WET 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 20 existing rental dwelling units at 41-63 High Park Avenue and 102-116 Pacific Avenue, and City Council instruct the Chief Planner and Executive Director, City Planning to report on the Section 111 Application to the Etobicoke York Community Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for such lands and the other related lands at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue.

12.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The confidential e-mail (December 18, 2019) from Jason Park, Devine Park LLP, attached to motion 1 by Councillor Gord Perks, is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (December 11, 2019) 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 and information that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.