Item - 2022.CC39.3

City Council on February 2 and 3, 2022, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor, as amended by motion 1 by Councillor Stephen Holyday, were adopted by City Council and are now public as follows: 

1.  City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of a revised settlement offer and resubmission of revised materials related to 240 Markland Drive on terms set out in a letter dated January 22, 2022 from Sherman Brown Barristers and Solicitors attached as Public Appendix A to the report (January 25, 2022) from the City Solicitor, and substantially in the form of Architectural Drawings prepared by IBI Group, dated January 17, 2022 attached as Public Appendix B to the report (January 25, 2022) from the City Solicitor.

2.  In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as:

a.  the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owners expense:

i.  a cash contribution of $185,000 to be paid to the City prior to the issuance of the first above-grade building permits, to be used towards local park improvements;

ii.  the above noted cash contribution referred to in Part 2.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment; and

iii.  in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

b.  the owner enters into an Agreement pursuant to Section 37 to secure as a legal convenience, the following matters to be addressed prior to the issuance of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate Civic Officials and the Ward Councillor:

i.  as a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director, Community Planning, along with the Chief Engineer and Executive Director, Engineering and Construction Services;

ii.  prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans; and

iii. prior to final Site Plan Approval, the owner shall provide a Construction Management Plan, in consultation with the Ward Councillor, which addresses construction vehicle routing, temporary parking and communications with neighbouring stakeholders, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans;

c.  the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following matters, facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants all at the owners expense to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i.  the owner shall provide and maintain the 113 existing residential rental units at 240 Markland Drive as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

ii.  the owner shall provide a dog run for the use of residents of the site as well as the surrounding community, to be located adjacent to the entrance of the existing building fronting Markland Drive, and this space shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $30,000;

iii.  improvements to the outdoor amenity space for use by the residents of the existing building and the new buildings on an equal basis in the form of:

a.  a children's play area, which shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $40,000;

b.  at least 15 benches up to a maximum cost of $22,000; and

c.  at least 85 bicycle parking spaces/racks for tenants of the existing building, of which 77 will be long-term bicycle parking spaces located beneath the underpass of the existing building and 8 will be short-term bicycle parking spaces located close to the main entrance of the existing building; and

iv.  improvements to the existing laundry room facilities in the form of two new dryers;

d.  the final form and content of the draft Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

e.  the City Solicitor confirms the execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure community benefits pursuant to Section 37 of the Planning Act; such Section 37 Agreement will include a further agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between the new development and the existing 10-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

f.  the owner shall address all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated August 10, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g.  the owner has submitted a Revised Transportation Impact Study and Parking Study, to the satisfaction of the General Manager, Transportation Services to demonstrate whether the existing road network can support the proposed development, whether road improvements of the existing municipal infrastructure are required and the provision of acceptable parking for the development; and

h.  any improvements required to City services or facilities required to support the development as identified in revised engineering submissions from the owner or the Revised Transportation Impact Study and Parking Study shall be secured in a financially secured agreement, with the owner to construct such improvements at no cost to the City.

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

The balance of Confidential Attachment 1 to the report (January 25, 2022) 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.  The balance of the Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.