Item - 2021.CC35.24

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

 

Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 7, 2021) 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 or communications that are subject to solicitor-client privilege and information regarding potential litigation.  The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 7, 2021) from the City Solicitor will be made public at discretion of the City Solicitor.

 

The balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor will be made public at discretion of the City Solicitor.

 

 

January 7, 2022

 

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 with redactions, the City Solicitor having exercised the City Solicitor's discretion to make them public with redactions, as follows:

 

1.  City Council accept the without prejudice settlement offer dated July 2, 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"), subject to the enactment of the valid road closure by-law set out in Part 4.b below and subject to  Parts 3 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 Owner secure either 15 Barrington Avenue, or 13 and 15 Barrington Avenue, City Council accept an off-site parkland dedication (the "Parkland"), consisting of 15 Barrington Avenue or 13 and 15 Barrington Avenue, pursuant to Section 42 of the Planning Act, 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 off-site parkland dedication to be transferred to the City 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 in base park condition prior to the issuance of the first Above-Grade Building Permit for the development, subject to the owner entering into and registering a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) prior to the issuance of the Ontario Land Tribunal's final order, or at such other time agreed to by the City Solicitor, agreeing not to transfer or charge the Parkland, which restriction may be released only upon the owner transferring the Parkland to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

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 final 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 that they secure, among other matters:

 

i. the on-site vehicle and bicycle parking ratios to the satisfaction of the General Manager, Transportation Services;

 

ii. space within the development for installation and maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections;

 

iii. a minimum of 10 percent of all units on the lands at 10-30 Dawes Road as 3-bedroom units and a minimum of 27 percent of all units on the lands at 10-30 Dawes Road as 2-bedroom units;

 

iv. the prohibition on north facing projecting balconies below the 12th floor of the north tower; and

 

v. maximum tower heights of 24 storeys (north tower) and 38 storeys (south tower), plus mechanical penthouses with a separation distance of 25 metres;

 

b. City Council has enacted a valid road closure by-law to permanently close to vehicular and pedestrian traffic a portion of Guest Avenue being approximately 316.9 square metres bisecting the site as depicted on Confidential Appendix C to the report (July 7, 2021) from the City Solicitor;

 

c. the owner has entered into and satisfied the obligations of a land exchange agreement with terms set out in paragraph 5 of Confidential Appendix A to the report (July 7, 2021) from the City Solicitor, whereby the portion of Guest Avenue set out in Part 4.b above would be conveyed to the Owner, and those portions of the Site on the west side and south sides of the Site respectively (as shown on Confidential Appendix C to the report (July 7, 2021) from the City Solicitor) would be conveyed to the City, with any difference in value of the lands in favour of the Owner being paid from the Owner to the City;

 

d. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) registered on title to 10-30 Dawes Road and the lands set out in Part 4.b above, in a manner satisfactory to the City Solicitor to secure the community benefits and matters of legal convenience at the owner's expense, as set out in Part 5 below;

 

e. 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 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 acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured if required;

 

vi. submitted a revised Landscape Plan, including 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;

 

vii. submitted an Environmental Noise and Vibration Assessment Report acceptable to the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required;

 

viii. submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required; and the Plan shall include:

 

1. mode share targets intended on shifting travel away from passenger cars and required parking;

 

2. method(s) by which the target mode share and parking rates will be reached (for example - future implementation of a bike share station, car-share or transit pass program);

 

3. the level of commitment to implement, enforce and maintain the plan moving forward; and

 

4. expected short-term and long-term outcomes;

 

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.

 

ix. secured off-site parkland in accordance with the terms set out in paragraph 6 of Confidential Appendix A to the report (July 7, 2021) from the City Solicitor for the purpose of dedicating it to the City, or has confirmed that the acquisition of the off-site parkland is not feasible, in accordance with the terms set out in paragraph 6 of Confidential Appendix A to the report (July 7, 2021) from the City Solicitor;

 

f. the owner has entered into a Heritage Easement Agreement with the City for the property at 10 and 10A Dawes Road in accordance with the plans and drawings prepared by IBI Group Architects (Canada) Inc. and dated April 12, 2021, and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects, dated April 6, 2021 and in accordance with the Conservation Plan required in Part 4.g below, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and

 

g. the owner has provided a detailed Heritage Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 10 and 10A Dawes Road, prepared by ERA Architects, dated April 6, 2021, to the satisfaction of the Senior Manager, Heritage Planning.

 

5.  City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor:

 

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

 

i.  the design, construction, and finishing of a non-profit licensed child care facility to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Director, Children Services to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising of 875 square metres of interior space and 573 square metres of exterior space adjacent to the interior space ("Child Care Centre"), including outdoor storage, and the provision for a child pick-up and drop-off area including:

 

1. the conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of the development;

 

2. on, or prior to, the conveyance of the child care facility, 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;

 

3. a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit to secure the Child Care Centre;

 

4. a one-time cash contribution in the amount of $250,000 to the Child Care Capital Reserve Fund to be used towards start-up costs, to replace appliances and large equipment due to wear and tear, to be paid prior to the child care facility being made available to the City;

 

5. a one-time cash contribution in the amount of $250,000 towards toys, furnishing and equipment in accordance with provincial and municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager, Children's Services, which will be finalized and approved by the General Manager, Children's Services;

 

6. two (2) dedicated parking spaces will be provided free-of-charge for the use of Child Care Centre staff and three parking spaces will be provided free-of-charge for pick up/drop off during operating hours (7:00 a.m. to 6:00 p.m., Monday to Friday); and

 

7. all cash contributions shall be indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment;

 

ii.  the 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 5i and ii 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; and

 

iv.  in the event the cash contribution referred to in Part 5ii 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 construction and maintenance, at its own expense, an area of not less than 130 square metres at the south end of the site as generally shown on Plan ASK01 of Confidential Appendix B to the report dated July 7, 2021 from the City Solicitor for use by the general public as Privately Owned Publicly Accessible Open Space with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning [balance redacted];

 

ii. [redacted];

 

iii. should the owner acquire either 15 Barrington Avenue or 13 and 15 Barrington Avenue toward satisfaction of Section 42 of the Planning Act, the statutory parkland dedication referred to in Part 3, and the Section 118 Restriction for the statutory parkland dedication;

 

iv. prior to the earlier of site plan approval or issuance of any building permit, the conveyance on terms set out in the Section 37 Agreement, of an easement in favour of the City in perpetuity, including support rights as applicable, for public use of the Privately Owned Publicly Accessible Open Space, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

v. the conveyance of a permanent above-grade surface easement for at-grade pedestrian movement with a width of 2.5 metres and an area of 134 square metres as shown on Confidential Appendix C to the report (July 7, 2021) from the City Solicitor; prior to the final above-grade building permit for the Development and prior to the termination of any Construction License or Street Occupation Permit that may be issued by the City in respect of the lands that are subject to be the Surface Easement, the Owner will convey to the City the Surface Easement;

 

vi. the Development Charge credit referred to in Part 6 below;

 

vii. prior to site plan approval for the property located at 10 and 10A Dawes Road the owner shall:

 

1.  provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 3.g above to the satisfaction of the Senior Manager, Heritage Planning;

 

2.  provide a Heritage Lighting Plan that describes how the exterior of 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;

 

3.  provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and

 

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

 

viii.  prior to the issuance of any permit for all or any part of the property 10 and 10A Dawes Road, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

 

1.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 3.g 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;

 

2.  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, Lighting Plan, Interpretation Plan and Landscape Plan; and

 

3.  provide full documentation of the existing heritage property, including two printed sets of archival quality 8 inch x 10 inch colour photographs with borders in a glossy or semi-gloss finish and one digital set on a CD in tagged image file format and 600 dots per inch 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;

 

ix.  prior to the release of the Letter of Credit required in Part 5.b.viii. 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 and the required interpretive work has been completed in accordance with the Conservation 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.

 

x.  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 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 PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time;

 

xi.  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;

 

xii.  the owner shall implement any required recommendations and/or mitigation measures from the accepted Environmental Noise and Vibration Assessment Report, wind study analysis, Traffic Impact Study, Traffic Demand Management Plan, Landscape Plan, Parking and Loading Study, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

xiii.  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

 

xiv.  prior to the commencement of any excavation and shoring work, the owner shall 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.

 

6.  City Council approve a development charge credit against the Water, Sanitary Sewer, and Storm Water Management components of the Development Charges applicable to the development, for any servicing works undertaken by the owner which benefit other properties, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the development charge credit shall be in an amount that is equal to the cost of any improvements that are in excess of the improvements necessitated by and attributable to the development, but not to exceed:

 

a.  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 and

 

b.  the Water, Sanitary Sewer, and Storm Water Management components of the Development Charges applicable to the development.

 

7.  City Council direct that the following matters be resolved at the time of and through the Site Plan Approval process for the proposed development: 

 

a.  securing enhanced materiality of the extension of Guest Avenue towards Dawes Road;

 

b.  securing high-quality design materials;

 

c.  securing public easements over the Privately Owned Publicly Accessible Open Space; and

 

d. securing appropriate green standards as part of the Toronto Green Standard.

 

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 Appendix A to the report (July 7, 2021) from the City Solicitor is now public with redactions, the City Solicitor having exercised the City Solicitor's discretion to make it public with redactions, and can be accessed under Background Information (City Council).

 

Confidential Appendices B Part 1, B  Part 2, and C 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).