Item - 2021.CC38.9

City Council on December 15, 16 and 17, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford, at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4.  City Council direct that Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford, 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 solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary report (December 14, 2021) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Gary Crawford will be made public at the discretion of the City Solicitor. 

The balance of Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor remains confidential at this time in in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (December 14, 2021) from the City Solicitor will be made public a the discretion of the City Solicitor. 

Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

July 27, 2022

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 15, 2021) from the City Solicitor, as amended by motion 1 by Councillor Gary Crawford, were adopted by City Council, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1.  City Council accept the "without prejudice" settlement offer attached as Confidential Appendix A (the "Settlement Offer"), Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the supplementary Report (December 15, 2021) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1-70 Eglinton Square, 1431 and 1437 Victoria Park Avenue, 14, 18, 19, 22, 23 and 26 Engelhart Crescent and 64 and 68 Harris Park Drive (the "Development Site") subject to Parts 2 to 15 below and City Council direct the City Solicitor to attend at the Ontario Land Tribunal to support the Revised Proposal.

2.  City Council direct the City Solicitor to request the Owner to make the following revisions to Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor, and if confirmation of same from the Owner is not received by December 23, 2021 to the satisfaction of the City Solicitor, the Revised Proposal and the Settlement Offer will be deemed not to be accepted by City Council:

a. delete paragraph 13 of Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor and replace it with the following language: 

Our client agrees that the Housing Issues Report being provided for the Site will include a reference to improvements to the existing low-rise apartment buildings south of the O'Connor Drive realignment in accordance with Policy 3.2.1.5 of the Official Plan, secured in the Section 37 Agreement as a matter required to support the development. The improvements to the existing low-rise apartment buildings south of the O’Connor Drive realignment will be identified through the Housing Issues Report and may include landscaping improvements related to the realignment of O’Connor Drive over and above site plan requirements. The total cost of the improvements shall not exceed $100,000.00 (indexed from the date of the Section 37 Agreement) and these improvements shall be deemed to satisfy the requirement of Policy 3.2.1.5 of the Official Plan.

b. delete paragraph 15 of Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor and replace it with the following language:  

Our client confirms that there is no proposed servicing through the proposed parks. Our client understands that this offer will not be made public unless and until servicing matters are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and our client. Our client’s agreement to the settlement offer described herein is conditional on the City’s acceptance of our client’s servicing plans and design as submitted to Engineering and Construction Services on November 11, 2021 (attached hereto for reference) and as further revised and submitted on December 13, 2021. However, it is understood that if there are any required reasonable revisions or materials, those revisions would have be agreed to by both parties and our client will work to resolve those matters prior to finalizing drafts of the implementing planning instruments; and

c.  delete paragraph 20(v) of Confidential Appendix A to the supplementary report (December 15, 2021) from the City Solicitor and replace it with the following language:  

the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standards and will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Site.

Toronto Public Library

3.  City Council deem that it is authorizing support of the Settlement Offer as set out in this decision in its capacity as planning approval authority for the proposed development, without prejudice to any of the Toronto Public Library Board's and City's rights as tenant of part of the lands pursuant to a lease with the owner which lease is administered and managed by the City Librarian and the Deputy City Manager, Corporate Services, and the owner is required to comply with all of the terms of the lease, including but not limited to providing notice associated with redevelopment plans for review and consideration of relocation of existing municipal capital facilities on the lands, including the Toronto Public Library leased facilities.

Proposed Site and Area Specific Policy

4.  City Council support the proposed Official Plan Amendment substantially in accordance with Confidential Appendix B to the Supplementary Report (December 15, 2021) from the City Solicitor.

Parkland Dedication

5.  City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 2,858 square metres on Block 3 and a minimum size of 7,277 square metres on Block 4, generally as shown on Confidential Appendix C to the supplementary report (December 15, 2021) from the City Solicitor satisfying the owner's on-site Parkland dedication requirement under 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; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments to the satisfaction the City Solicitor; and, if applicable, with any remainder being a payment in lieu in accordance with Chapter 415, Article III of the Municipal Code satisfactory to the General Manager, Parks Forestry and Recreation.

6.  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.

Community Benefits

7.  City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following matters, on such terms and conditions as may be required satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the General Manager, Parks, Forestry and Recreation, the General Manager, Toronto Water, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, and the Executive Director, Corporate and Real Estate Management:

a.  the provision of four million dollars ($4,000,000) payable upon the Zoning By-law Amendments becoming final and binding with all appeal and request for review periods having expired, with the allocation of the funds to be determined by the Ward Councillor in consultation with the Chief Planner and Executive Director, City Planning;

b.  the provision of an on-site not-for-profit Child Care Centre with a minimum size of 10,000 square feet that will accommodate a minimum of 62 spaces, in accordance with the City's Child Care Development Guidelines (2021), with the location and timing of delivery satisfactory to the Chief Planner and Executive Director, City Planning and the Owner; and

c.  the provision of 30 affordable rental housing units, based on 100 percent Average Market Rent and an affordability period of fifteen (15) years and the provision of 55 affordable rental housing units, based on 100 percent Average Market Rent and an affordability period of thirty (30) years, both to be delivered on a proportional basis to the market housing in groups of six or more contiguous units, to the satisfaction of the Chief Planner and Executive Director, City Planning.

Matters Required to Support the Development

8.  City Council also direct that the following matters required to support development be secured in the Section 37 Agreement and/or the Zoning By-law Amendment, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor:

a.  the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning including the matters set out in Confidential Appendix D to the supplementary report (December 15, 2021) from the City Solicitor, with any financial payments indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the execution of the Section 37 Agreement to the date of payment;

b.  the Owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning;

c.  the following privately owned publicly accessible open spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block or Building where the privately owned publicly accessible open spaces is located, 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 for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City:

i.  Eglinton Avenue East privately owned publicly accessible open space north of Block 2A with a minimum size of 1,464.9 square metres and our client further agrees to integrate the design of this privately owned publicly accessible open spaces with the adjacent City-owned land;

ii.  Eglinton Square privately owned publicly accessible open space on Block 1 between Building 1A and 1B with a minimum size of 1,016.7 square metres; and

iii.  If the 23 metre north-south public street does not connect to Eglinton Square and instead connects directly to Eglinton Avenue East, the hatched area shown on the revised plans will become a privately owned publicly accessible open space.

d.  the provision of public access easements over the private streets to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the easement to be determined in the context of a Site Plan Approval for each private street or part of each private street within the Block; the Owner shall own, operate, maintain and repair the public easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public easement area at certain times of the day and night, and the Owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters 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;

e.  the Owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site;

f.  the requirements for a construction management plan to be provided at site plan approval, including but not limited to, 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, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

g.  implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the Owner and any such implementation measures secured in the appropriate agreements;

h.  the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies, the Toronto District School Board, the Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor; and

i.  the owner has, at its sole cost and expense, submitted a Housing Issues Report, that identifies the improvements and/or renovations to the existing low-rise apartment buildings south of the O'Connor Drive realignment in accordance with Policy 3.2.1.5 of the Official Plan, satisfactory to the Chief Planner and Executive Director, City Planning.

Conditions to Ontario Land Tribunal Order

9.  In the event that the Ontario Land Tribunal allows 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 proposed Official Plan Amendment and Zoning By-law Amendment is in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has provided a final form of Phasing Plan, in a content and 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, the Executive Director, Corporate Real Estate Management and the City Solicitor;

c.  the Owner has, at its sole cost and expense submitted revised servicing and transportation reports in order to implement the Settlement Offer and secured the requirement for any new, upgrades to or required improvements to municipal infrastructure to support the development in a manner satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water and the City Solicitor;

d.  the Owner has entered into a Section 37 Agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the owner's Section 37 contributions and the matters agreed to and/or required in support of the development of Development Site; and

e.  the owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, amending Schedule 1 to Official Plan Amendment 499 (and on associated maps of Official Plan Amendment 499) by removing the requested designation for Parks on the Site and supporting the requested Parks designation included in the proposed Official Plan Amendment for the Site.

10.  City Council direct that should the approved Environmental Assessment for the component relevant to O'Connor Reconfiguration and extension require a Zoning By-law Amendment for the Site, that the Chief Planner and Executive Director, City Planning be authorized to undertake a City-initiated Zoning By-law Amendment for all, or part of the Site, as may be required, in consultation and cooperation with the owner of the Site, including the owner's support in providing any required technical reports as directed by the Chief Planner and Executive Director, City Planning.

11.  City Council direct that any acceptance of this Settlement Offer be communicated to the Owner, but otherwise remain confidential until the following matters have been addressed satisfactorily to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor:

a.  that the Owner provide the final form of the phasing plan for the Development Site detailing the timing and provision of municipal servicing and public street infrastructure, parkland dedication for Block 3, affordable housing, and community benefits for the Development Site and in a form and content 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;

b.  a Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents are provided to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; and

c.  a Zoning By-law Amendment is drafted in a general manner acceptable to the Chief Planner and Executive Director, City Planning, the City Solicitor and the Owner.

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

13.  City Council confirm that the City Solicitor has any necessary discretion with regard to the consolidation of the Official Plan Amendment and Zoning By-law Amendment appeals before the Ontario Land Tribunal.

Confidential Appendices A, B, C and D to the supplementary report (December 15, 2021) 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).