Item - 2021.CC35.23

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 7, 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 and B to the report (July 7, 2021) from the City Solicitor, at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor remain confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.  The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

December 24, 2021

The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor were adopted by City Council, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1.  City Council accept the without prejudice settlement offer dated June 30, 2021 attached to the report (July 7, 2021) from the City Solicitor as Confidential Appendix A and the revised architectural plans substantially in accordance with Confidential Appendix B to the report (July 7, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Revised Proposal"), for the lands municipally known as 9-25 Dawes Road, subject to Parts 2 to 8 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land 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 Appendices A and B to the report (July 7, 2021) from the City Solicitor.

3.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code.

4.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions, and they secure, among other matters, the following:

i.  the on-site parking ratios have been provided to the satisfaction of the General Manager, Transportation Services;

ii.  a minimum of 15 percent (15%) of all units on the lands at 9-25 Dawes Road will be constructed as 2-bedroom units and an additional minimum 10 percent (10%) of all units on the land at 9-25 Dawes Road will be constructed as 3-bedroom units;

iii.  a site-specific definition of gross floor area that exempts areas that are used for parking and located at grade from the calculation, including areas required for access to those at-grade parking areas and to the storage lockers located in the mezzanine space; and

iv.  the sharing of the proposed residential visitor parking spaces with parking for non-residential uses;

b.  the owner has, at the owner's expense:

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

ii.  addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services;

iii.  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;

iv.  submitted a pedestrian level wind study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required;

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

vi.  provided on-site parking ratios to the satisfaction of the General Manager, Transportation Services, supported by a comprehensive Transportation Demand Management Plan, submitted to the satisfaction of the Chief Planner; should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall 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 No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; and

vii.  submitted a revised Landscape Plan which includes a notation that a volume of 30 cubic metres of soil will be provided for each tree, and provides any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation and that such matters arising from such study, be secured if required; and

c.  the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and that Agreement has been registered on title to 9-25 Dawes Road, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure the community benefits and matters of legal convenience at the owner's expense, as set out in Part 5 below.

5.  City Council authorize the entering into of 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, satisfactory to the City Solicitor:

i.  provide a cash contribution of four million five hundred thousand dollars ($4,500,00.00) 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 the construction, finishes and/or furnishings and equipment for a public community recreation centre serving the geographic area of the proposed Official Plan Amendment 478, as adopted by Council, 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.  provide a cash contribution of sixty six thousand six hundred and sixty seven ($66,667.00) 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 funding a transportation study at key intersections within the secondary plan area, including Main Street and Stephenson Avenue, Main Street and Danforth Avenue and Main Street and Gerrard Street East to identify and design streetscape improvements at these intersections for the purpose of improved pedestrian and cyclist safety, functionality and an improved public realm, 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 5.a.i. and 5.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 contribution referred to in Part 5.a.i. above has not been used for the determined purpose within ten (10) years after 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.  in the event the cash contribution referred to in Part 5.a.ii. above has not been used for the determined purpose within three (3) years after 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; 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 owner shall implement any required recommendations and/or mitigation measures from the accepted Environmental Noise and Vibration Assessment Report, Wind Tunnel analysis, Traffic Impact Study, Traffic Demand Management Plan, Landscape Plan, Parking and Loading Study, and Landscape Plan, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  the owner shall provide one privately owned publicly-accessible open space, not less than 420 square metres, as generally shown on Site Plan A1.01 in Confidential Appendix B to the report (July 7, 2021) 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 space and any required public access easements to connect the privately owned publicly-accessible open space to adjacent privately owned publicly-accessible open space and/or public rights-of-way, where necessary; the owner shall own, operate, maintain and repair the privately owned publicly-accessible open space 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 space 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;

iii.  prior to Site Plan Approval on the lot, the owner shall convey to the City an approximately 1.48 metre-wide strip of land abutting the south limit of the City-owned east-west laneway for the purpose of widening public laneways, to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

iv.  the owner shall construct and maintain 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 Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time;

v.  the peer review of the submitted Environmental Noise and Vibration Assessment Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.  the owner shall include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vii.  the owner shall incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning and Metrolinx;

viii.  the owner shall satisfy the requirements of the Toronto Transit Commission in regards to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager, Technical Review, Toronto Transit Commission;

ix.  the owner shall, prior to the commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor; and

x.  where the owner is undertaking upgrades or required improvements to the existing and/or new municipal infrastructure identified in the accepted Engineering Reports that benefits other properties in the vicinity of 9-25 Dawes, the City will authorize a development charge credit to the owner in an amount equal to the cost of the improvements that are in excess of the improvements necessitated by and attributable to the Development, but not to exceed:

1.  the actual cost of the work identified in the Master Functional Servicing Report for Character Area C of Official Plan Amendment 478 that is undertaken by the Owner that is in excess of the improvements necessitated by and attributable to the Revised Proposal; and

2.  the water, sanitary sewer, and storm water management components of the development charges applicable to the Revised Proposal.

6.  Should the Ontario Land Tribunal allow the appeal in whole or in part, upon issuance of a final Ontario Land Tribunal Order, City Council direct that the owner be required to immediately withdraw its appeal of Official Plan Amendment 478.

7.  City Council direct the City Solicitor to request the Ontario Land Tribunal to allow the applicant's appeal of Official Plan Amendment 478 in whole or in part, and approve as modified, Official Plan Amendment 478 substantially in accordance with the modifications set out in the City Solicitor's report to City Council on the Main Street Study (Official Plan Amendment 478) dated July 2, 2021 and in a form such that the zoning by-laws contemplated for approval by this settlement offer would conform, or be deemed to conform, therewith.

8.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background information (City Council).