Item - 2021.CC36.12

City Council on October 1 and 4, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 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 (September 23, 2021) 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 C to the report (September 23, 2021) from the City Solicitor remain confidential, as they contains advice that is subject to litigation privilege and solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (September 23, 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 that is subject to litigation privilege and solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (September 23, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 and Confidential Appendix C to the report (September 23, 2021) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that is subject to litigation privilege and solicitor-client privilege.

December 24, 2021

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 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 September 21, 2021 in Confidential Appendix A to the report (September 23, 2021) from the City Solicitor, inclusive of the revised plans substantially in accordance with Confidential Appendix B to the report (September 23, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Settlement Proposal"), to the Report dated September 23, 2021 from the City Solicitor for the lands municipally known as 6 Dawes Road (the "Site"), subject to Parts 2 to 9 below, and subject to the Owner providing a complete architectural package to the satisfaction of the Chief Planner by no later than September 30, 2021.

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 (September 23, 2021) from the City Solicitor.

3.  City Council accept an on-site parkland dedication (the "Parkland") pursuant to Section 42 of the Planning Act having a minimum size of 1,400 square metres (which 1,400 square metres may include an as yet undetermined parkland over-dedication, should the size of the site decrease from its current size), generally as shown on Plan A201 in Confidential Appendix B to the report (September 23, 2021) 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, 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 earlier of first occupancy or condominium registration of the Mid-Rise Component (as that term is defined in Confidential Appendix A to the report (September 23, 2021) from the City Solicitor), 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, 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.  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 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 (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 and (2) the Water, Sanitary Sewer, and Storm Water Management components of the Development Charges applicable to the development.

6.  City Council require the owner to submit a phasing plan, 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 the final form of the Zoning By-law Amendments and appropriate agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

7.  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 $7,300,000.00 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 a new community recreation centre within the vicinity of the Site, or such other public benefits that are to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  a cash contribution of $66,667.00 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 a streetscape improvements study for Main Street in proximity to 6 Dawes Road, which will include the intersections of Main Street and Danforth Avenue and Main Street and Gerrard Street;

iii.  the cash contribution referred to in Part 7.a.i. 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 7.a.i. above has not been used for the determined purpose within seven 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.  in the event the cash contribution referred to in Part 7.a.ii. above has 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 the Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

vi.  the design, construction, and finishing of six (6) affordable housing units with a minimum floor area of 427 square metres (4,600 square feet) within the approved development at 6 Dawes Road (the "Affordable Housing Units") by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, including:

1.  the conveyance of the Affordable Rental Housing Units shall be at no cost to the City, in fee simple, prior to first occupancy of the any building on the Site;

2.  the owner and the City entering into one or more Agreements of Purchase and Sale for the Affordable Housing Units, prior to the issuance of the first building permit for the phase of development within which the units are to be provided, and the Agreements of Purchase and Sale will be assignable by the City at no additional cost;

3.  the Affordable Rental Housing Units will be comprised of at least three 1-bedroom units with a minimum size of 50 square metres (540 square feet), two 2-bedroom units with a minimum size of 87 square metres (936 square feet), and one 3-bedroom unit with a minimum size of 100 square metres (1,076 square feet);

4.  the Affordable Rental Housing Units will have access to all  building facilities and amenities on the same terms and conditions as all the other residents; and

5.  on, or prior to, the conveyance of the Affordable Rental Housing Units, 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 Affordable Housing Units; 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 and any parkland over-dedication referred to in Recommendation 3, and the Above Base Park Improvements, and the Section 118 Restriction for the statutory parkland dedication, and the development charge credit referred to in Part 4 above;

ii.  the development charge credit referred to in Part 5 above;

iii.  the phasing of development in accordance with the phasing plan required pursuant to Part 6 above;

iv.  one privately owned publicly accessible open space, not less than 503 square metres approximately in the centre of the Site, as generally shown on Plan A201 in Confidential Appendix B to the report (September 23, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; 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, with the timing of conveyance to be determined at the time of and through the Site Plan Approval process for the first phase of development; following construction of 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 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;

v.  the construction by the owner of the 10.7 metre-wide southerly portion of the east-west extension of Dawes Road, which shall function as a private driveway as an interim condition; the conveyance to the City, for nominal consideration, of easements(s) along the surface of the lands, which shall not be extinguished until the east-west extension of Dawes Road in its entirety has been constructed, conveyed, and assumed by the City; and the conveyance of the southerly portion of the east-west extension of Dawes Road at the time that the lands to the north redevelop and the northerly portion of the east-west extension of Dawes Road has been constructed and conveyed to the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; and subject to subject to the owner entering into and registering a Section 118 Restriction under the Land Titles Act, prior to the issuance of the Ontario Land Tribunal's final order, agreeing not to transfer or charge its lands which will form part of the future east-west extension of Dawes Road, which restriction may be released only upon the owner transferring the land to the City, all to the satisfaction of the General Manager, General Manager, Transportation Services and the City Solicitor;

vi.  the provision of 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 and Executive Director, City Planning; 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;

vii.  the provision by the owner of space within the development for installation and maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

viii.  a minimum of 10 percent of all units on the lands at 6 Dawes Road as 3-bedroom units and a minimum of 20 percent of all units on the lands at 6 Dawes Road as 2-bedroom units;

ix.  the construction and maintenance of the development in accordance with the Tier 1 or higher 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 Council from time to time;

x.  an Environmental Noise and Vibration Report, and 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;

xi.  a Rail Safety Report and the peer review of the submitted Rail Safety Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xii.  a Traffic Impact Study, at the owner's sole expense, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

xiii.  a Wind Tunnel analysis to the satisfaction of the Chief Planner and Executive Director, City Planning;

xiv.  Grading and Servicing Plans, Architectural Plans and Landscape Plans, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation, as appropriate, with the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Parks Forestry and Recreation;

xv.  the owner's agreement that 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;

xvi.  the owner's agreement to implement any required recommendations and/or mitigation measures from the accepted and peer reviewed Rail Safety and Environmental Noise and Vibration Reports, and the accepted the Wind Tunnel analysis, Traffic Impact Study, Grading and Servicing Plan, and Landscape Plan, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xvii.  the owner's agreement to 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;

xviii.  the owner's agreement to 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

xix.  the owner's agreement to 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 of Technical Review, Toronto Transit Commission.

8.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  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 7 above and, satisfactory to the Chief Planner and Executive Director, City Planning;

b.  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; and

c.  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 to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required, and if necessary, the proposed Zoning By-law Amendment has been revised to address any mitigation measures arising from the accepted studies or reports;

iv.  submitted a Noise and Vibration Study, and Wind Tunnel analysis, 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;

v.  submitted a Rail Safety Report 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; and

vi.  registered or authorized the City to register a Section 118 Restriction on title to the Parkland and the Dawes Road extension lands.

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

Confidential Appendices A and B to the report (September 23, 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).