Item - 2020.CC23.16

City Council on July 28 and 29, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 2020) 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, and C to the report (July 22, 2020) from the City Solicitor at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix D to the report (July 22, 2020) from the City Solicitor remain confidential as they contain advice and information  that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 22, 2020) 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 and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (July 22, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. 

The balance of Confidential Attachment 1 and Confidential Appendix D to the report (July 22, 2020) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege.

November 19, 2020

The confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor were adopted by City Council and are now public as follows, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1.  City Council accept the "without prejudice" settlement offer dated July 16, 2020 in Confidential Appendix A to the report (July 22, 2020) from the City Solicitor, the revised plans substantially in accordance with Confidential Appendix B to the report (July 22, 2020) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning, and substantially in accordance with Confidential Appendix C  (the "Settlement Offer") to the report (July 22, 2020) from the City Solicitor for the lands municipally known as 1750, 1790, 1800, 1830, 1850 and 1900 The Queensway and 290, 300, 310 and 320 North Queen Street (the "Site"), subject to Parts 2 to 11 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 proposal generally described in the Settlement Offer and the revised plans substantially in accordance with Confidential Appendix B to the report (July 22, 2020) from the City Solicitor.

3.  City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 10,710 square metres, generally as shown on Page A101.S in Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, and is to be conveyed to the City prior to the issuance of the second above-grade building permit for the Site to be developed as described in Confidential Appendix C to the report (July 22, 2020) from the City Solicitor, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4.  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 the 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 accept the proposed new public street extensions of Nova Road and Boncer Drive, as generally shown on Page A101.S in Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, with the exact location, alignment and configuration to the satisfaction of the General Manager, Transportation Services; the conveyance of the proposed new public streets to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments and subject to the following:

a.  the owner shall, at its own cost, design, build and convey to the City a new public street extension of Nova Road that is approximately 20.0 metres in width connecting the eastern portion of Nova Road to the southern portion of the Site, connecting The Queensway and North Queen Street, generally as shown on Page A101.S of Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, including intersection improvements and any identified new signals or signage and/or pedestrian/cycling infrastructure, should they be required, all in accordance with 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 and/or draft plan subdivision approval, 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, in consultation with the Chief Planner and Executive Director, City Planning;

b.  the owner shall, at its own cost, design, build and convey to the City, a new public street extension of Boncer Drive that is approximately 20.0 metres in width connecting to the new public street described in Part 5.a. above as generally shown on Page A101.S of Confidential Appendix B to the report (July 22, 2020) from the City Solicitor, including intersection improvements and any identified new signals or signage and/or pedestrian/cycling infrastructure, should they be required, all in accordance with 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 and/or draft plan of subdivision approval, 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, in consultation with the Chief Planner and Executive Director, City Planning;

c.  the owner shall, at its own cost, ensure that all required water mains and sanitary sewers, and appropriate appurtenances, within the new public streets in Parts 5.a. and 5.b. above, have been installed and are operational and such timing to be in accordance with the Final Phasing Plan and generally in accordance with Confidential Appendix C to the report (July 22, 2020) from the City Solicitor in accordance with the Draft Plan of Subdivision process, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  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 streets identified in Parts 5.a. and 5.b. above, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

6.  City Council authorize the Executive Director, Corporate Real Estate Management to enter into an agreement of purchase and sale with Hydro One, or its successor to acquire the lands within the Hydro Corridor that would connect Boncer Drive, as described in Part 5.b. above, to the northern boundary of the Hydro Corridor to partially complete the Boncer Drive extension with the location, size and configuration to the satisfaction of the General Manager, Transportation Services, the Executive Director, Corporate Real Estate Management, and the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, and subject to the following:

a.  the owner shall contribute up to $1,000,000.00 dollars, including the cost of any required environmental remediation, towards the acquisition of the lands in the Hydro Corridor from Hydro One to the City or shall provide securities for the cost of acquisition satisfactory to the Executive Director, Corporate Real Estate Management and the City Solicitor; and

b.  subsequent to the acquisition of lands from Hydro One, the City shall grant a temporary easement, at nominal cost, in favour of the owner to permit the continued use of the lands in the Hydro Corridor as a parking lot until such time as the temporary easement is required to be released on the lands related to the completion of the Boncer Drive extension, as secured in the appropriate agreement(s) in a manner, content and form satisfactory to the Executive Director, Corporate Real Estate Management and the City Solicitor.

7.  City Council direct the General Manager, Transportation Services to consider the request for a maximum of two strata driveway connections underneath Nova Road, as generally described in Part 5 above, in consultation with the Chief Planner and Executive Director, City Planning and to report back to City Council for authority to enter into the appropriate agreements to permit the strata driveway connections, should these connections be feasible and determined to be required for the redevelopment of the Site to the satisfaction of the General Manager, Transportation Services.

8.  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 offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution of five hundred and twenty thousand ($520,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward community services and facilities, streetscape improvements, public art, and/or public realm improvements within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  a cash contribution of two hundred and fifty thousand ($250,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward local community centre improvements, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

iii.  the cash contributions referred to in Parts 8.a.i. and 8.a.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

iv.  in the event the cash contributions referred to in Parts 8.a.i. and 8.a.ii. above have not been used for the determined purpose within three years of the amending Zoning By-law 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 Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

v.  the provision of two hundred (200) new rental dwelling units at affordable rents, as defined by the Official Plan, in Building E1 constructed on the Site for a period of fifteen (15) years of affordability, and a minimum of twenty (20) years of rental tenure, beginning from the date of first occupancy, and offered to tenants in accordance with a Tenant Access Plan to ensure the benefit of the affordable units is linked to households in need of affordable housing, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.  the provision of a non-profit licensed Child Care Centre to be located in Building E1 on the Site, north of the Nova Road extension, valued up to five million ($5,000,000.00) dollars, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Director, Children Services and such Child Care Centre shall generally be in accordance with the following:

A.  shall be constructed, finished, furnished and equipped by the owner and conveyed to the City, at no cost to the City, in fee simple, including a minimum of four (4) parking spaces for the Child Care Centre;

B.  shall be designed to the satisfaction of the Chief Planner and Executive Director, City Planning ,in consultation with the General Manager, Children’s Services;

C.  will accommodate children of all ages, including infants, toddlers and preschoolers, generally in accordance with the City of Toronto's Child Care Development Guidelines;

D.  the minimum capacity and size of the Child Care Centre may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children’s Services;

E.  the details of the other matters as described in these Recommendations, such as phasing, timing, location, obligations and any such matters to implement the Child Care Centre, in respect of the non-profit licensed Child Care Centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2016);

F.  require that on, or prior to, the conveyance of the Child Care Centre, the City and the owner enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre, and the development to be constructed within Building E1 of the development;  and

G.  any remaining funds of the allocated five million ($5,000,000.00) dollars not directed towards the Child Care Centre after its delivery may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and

b.  the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  the statutory parkland dedication referred to in Part 3 above and the Above Base Park Improvements for the statutory parkland dedication and the development charge credit referred to in Part 4 above;

ii.  two privately owned publicly accessible open spaces, the first of not less than 1,000 square metres at the northwest corner of The Queensway and North Queen Street and the second of not less than 2,355 square metres central to the Site, as generally shown on Page A101.S in Confidential Appendix B to the report (July 22, 2020) 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, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces 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 spaces 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;  

iii.  the new public street extensions of Nova Road and Boncer Drive identified in Part 5 above, as necessary, to secure such requirements to the satisfaction of the City Solicitor and General Manager, Transportation Services; and

iv.  the new public street extension from Boncer Drive from the Site to the northern boundary of the Hydro Corridor identified in Part 6 above and to secure such matters related to Part 6 above to the satisfaction of the City Solicitor, the Executive Director, Corporate Real Estate Management and the General Manager, Transportation Services.

9.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of its Order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Official Plan Amendment(s) are in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b.  the proposed Zoning By-law Amendment(s) are in a form satisfactory to the City, including securing the affordable rental dwelling units, rents and appropriate Section 37 provisions in Part 8 above and, satisfactory to the Chief Planner and Executive Director, City Planning;

c.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in City Council's decision;

d.  the owner has, at its sole expense:

i.  submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii.  secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new 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, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

iii.  submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and

iv.  submitted a revised Electromagnetic Field Analysis, Noise Study, Air Quality Study, Energy Strategy and Wind Study acceptable to the Chief Planner and Executive Director, City Planning, and securing such mitigation matters through the Site Plan Approval process, and if necessary, revise the proposed Zoning By-law Amendment to address any mitigation measures arising from the accepted studies or reports;

e.  the owner has submitted a Draft Plan of Subdivision Application for the Site to implement the Settlement Offer and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, and any required municipal infrastructure, as well as phasing of development on the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and

f.  the owner has provided a Final Phasing Plan, that builds upon the phasing plan triggers outlined in Confidential Appendix C to the report (July 22, 2020) from the City Solicitor, in a form 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 secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor and any such accepted Final Phasing Plan will be deemed to satisfy any requirements for a Precinct Plan in the Sherway Area Secondary Plan.

10.  City Council direct the City Solicitor and City staff to secure the phasing described in Sections 3 to and including 6 of Confidential Appendix C to the report (July 22, 2020) from the City Solicitor in the appropriate Zoning By-law Amendment(s) and implementing agreements for the Site.

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

Confidential Appendices A, B and C to the report (July 22, 2020) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendix D to the report (July 22, 2020) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege.