Item - 2021.CC35.18

City Council on July 14, 15 and 16, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) 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, D and E to the report (July 6, 2021) from the City Solicitor.

3.  City Council direct that  the balance of Confidential Attachment 1 and Confidential Appendix F to the report (July 6, 2021) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer dated May 31, 2021 comprised of the letter attached as Confidential Appendix A and the plans and drawings attached as Confidential Appendix B to the report (July 6, 2021) from the City Solicitor subject to Parts 3 to 10 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) on this matter in support of the revised proposed development set out in the Settlement Offer, with any necessary revisions to address the matters identified in Parts 3 to 10 below.

3.  City Council accept an on-site parkland dedication of 827 square metres with frontage on Roselawn Avenue in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer; the on-site parkland to be conveyed 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 in accordance with all applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval.

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 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.

5.  City Council approve the alterations to the designated heritage properties located within the development site and municipally known as 2430 Yonge Street and 2434 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, for the construction of the revised development proposal set out in the Settlement Offer with alterations to the designated buildings at 2430 Yonge Street and 2434 Yonge Street in conjunction with an appeal to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) comprised of the plans and drawings prepared by Hariri Pontarini Architects, submitted with the Heritage Impact Assessment Addendum prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan to be submitted by the owner to the satisfaction of the Senior Manager, Heritage Planning.

6.  City Council require the owner, prior to the issuance of any permit for all or any part of the development site with the municipal addresses of 2430 Yonge Street and 2434 Yonge Street, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, to:

i.  obtain the Ontario Land Tribunal's (formerly Local Planning Appeal Tribunal) final order for the necessary Official Plan and Zoning By-law amendments required for the alterations to the property at 2430 Yonge Street and 2434 Yonge Street, such amendments having a form and content acceptable to City Council as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning;

ii.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 5 above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

iii.  provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan and Interpretation Plan; and

iv.  provide full documentation of the existing heritage property 2430 Yonge Street and 2434 Yonge Street, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

7.  City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

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

i.  prior to the issuance of the first-above grade building permit for the proposed development, the owner shall convey to the City the fee simple interest in a parkland over-dedication of no less than 405 square metres with frontage on Roselawn Avenue as described in the Settlement Offer; the parkland over-dedication to be conveyed 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 in accordance with all applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval;

ii.  prior to the issuance of the first above-grade building permit for the proposed development, the owner shall pay a cash contribution of $1,800,000.00 to be allocated by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, as follows:

a.  $1,500,000.00 to be allocated towards park acquisition and/or park improvements in the Yonge-Eglinton Area including, but not limited to, Eglinton Park and the new park being created at Duplex Avenue and Montgomery Avenue/Helendale Avenue; and

b.  $300,000.00 to be allocated to current and future streetscape improvements and landscaping upgrades along the Yonge Street and Montgomery Avenue frontages, including landscaping, seating and lighting improvements to the interface between the Anne Johnston Health Centre, new mid-block connections and the removal of existing boulevard parking; and

iii.  the $1,800,000.00 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 Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) final order amending the Official Plan and Zoning By-law to the date of payment; 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 Ontario Land Tribunal (formerly Local Planning Appeal Tribunal):

i.  prior to Final Site Plan approval, the owner shall design, financially secure and agree to maintain a 3 metre wide public access easement (the "mid-block connection") running east-west along the southerly boundary of the subject property and running north-south along the westerly boundary, directly adjacent to the proposed public parkland dedication; the owner shall be required to prepare all documents and convey to the City, at its own expense and for nominal consideration, a public access easement for use by the general public, including rights of support as applicable, all to the satisfaction of Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor, in accordance with the terms of the Settlement Offer; and the obligations secured will include conveyance free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning and provision of indemnification and insurance; and

ii.  above base improvements for the parkland dedication referred to in Part 3 above and the parkland over-dedication referred to in Part 7.a.i. above, to the satisfaction of the General Manager, Parks, Forestry and Recreation on terms in accordance with the Settlement Offer;

iii.  prior to Final Site Plan approval in connection with the development, the owner shall:

1.  provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 5 above;

2.  provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3.  provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

4.  submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and

5.  submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning;

iv.  prior to the release of the Letter of Credit required in Part 6.iii. above the owner shall:

1.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan and Interpretation Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning; and

v.  the matters in Part 6 above also be secured by the Section 37 Agreement to the satisfaction of the City Solicitor, in consultation with the Senior Manager, Heritage Planning.

8.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 2430 Yonge Street and 2434 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

9.  City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 2430 Yonge Street and 2434 Yonge Street.

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

a.  the final form and content of the proposed Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the City has received an executed a Section 37 Agreement securing the benefits outlined in Part 7 above and the Section 37 Agreement has been registered on title to the site, satisfactory to the City Solicitor;

c.  the owner 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, Functional Servicing Report, Stormwater Management Report, Hydrogeological Study and Waste Management Study, and a full submission of revised plans, 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;

d.  the owner has provided a detailed Conservation Plan required in Part 5 above and prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment Addendum for 2430 Yonge Street and 2434 Yonge Street, prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, all to the satisfaction of the Senior Manager, Heritage Planning;

e.  the owner has entered into a Heritage Easement Agreement with the City for the properties at 2430 Yonge Street and 2434 Yonge Street substantially in accordance with plans and drawings prepared by Hariri Pontarini Architects, dated March 26, 2021, submitted with the Heritage Impact Assessment Addendum prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 31, 2021, subject to and in accordance with the approved Conservation Plan required in Part 5 above, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

f.  the owner has withdrawn any outstanding applications or appeals with respect to any demolition application for the site.

Confidential Appendices A, B, C, D and E to the report (July 6, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendix F to the report (July 6, 2021) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.