Item - 2022.CC42.7

City Council on April 6 and 7, 2022 adopted the following:

1. City Council adopt the confidential instructions to staff Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson, were adopted by City Council and are now public as follows:

1. City Council accept the "with prejudice" settlement offer dated March 25, 2022, in Public Attachment 1 (the “Settlement Offer”) to the report (March 28, 2022) from the City Solicitor and as generally shown in the revised plans dated March 22, 2022, in Public Attachment 2 (the "Revised Plans") to the report (March 28, 2022) from the City Solicitor, in principle, subject to the Parts 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 Settlement Offer and Revised Plans.

3. 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 recommended to be secured in the Section 37 Agreement are as follows:

i.  an indexed cash contribution of $1,400,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Subject Property, to the satisfaction of the Chief Planner and Executive Director City Planning, in consultation with the local Ward Councillor;

b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director City Planning and the City Solicitor, a privately-owned, publicly-accessible space located along the rear of the subject site as generally shown on the Revised Plans, and have a minimum area of not less than 410 square metres; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly-accessible space lands to the City; the specific location, configuration, and design of the privately-owned, publicly-accessible space area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Applicant shall own, operate, maintain, and repair the privately-owned, publicly-accessible space and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned, publicly-accessible space area, all at the Applicant's own expense; and

ii. the Applicant shall also provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, two publicly-accessible mid-block connections from Bayview Avenue to the privately-owned, publicly-accessible space lands described in Part 3.b.i, above, ("Mid-Block Pedestrian Connections") located along the middle and south ends of the subject site as generally shown on the Revised Plans; the Mid-Block Pedestrian Connections shall have a minimum width of 5 metres and 2.1 metres in the middle of the subject site and 2.1 metres at the south of the subject site; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the Mid-Block Pedestrian Connections lands to the City; the specific location, configuration, and design of the Mid-Block Pedestrian Connections shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Applicant shall own, operate, maintain, and repair the Mid-Block Pedestrian Connections and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the Mid-Block Pedestrian Connections, all at the Applicant's own expense.

4. City Council authorize the City Solicitor to request the Ontario Land Tribunal to issue an Order containing the following:

a. the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

b. direction that the applicable community benefits and other matters in support of the development identified in Part 3, above, are to be secured in a Section 37 Agreement executed by the Applicant and the City and registered on title to the Subject Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

5. City Council authorize the City Solicitor to require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, further authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor:

a. the Applicant has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memorandum dated April 9, 2021 or as may be updated in response to further submission(s) filed by the Applicant, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Applicant has provided a subsurface investigation into the possible presence of methane gas at the property, to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Applicant has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

f. the Applicant has submitted a Rental Housing Demolition Application under Chapter 667, Residential Rental Property Demolition and Conversion Control, of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. the Applicant has developed a tenant relocation and assistance plan to mitigate hardship for existing tenants and entered into, and registered on title to the subject site at 1712,1726 to 1730 and 1734 Bayview Avenue, one or more agreements, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure such tenant relocation and assistance plan and any other rental housing-related matters to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

6. City Council authorize the City Solicitor to request that the Ontario Land Tribunal adjourn the Applicant's related Site Plan Control application referral sine die.

7. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.