Item - 2022.CC45.15

City Council on June 15 and 16, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 14, 2022) 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 supplementary report (June 14, 2022) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (June 14, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

4. City Council direct that Confidential Attachment 1 to the report (June 7, 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.

July 27, 2022

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 14, 2022) 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:

1. City Council accept the settlement offer attached as Confidential Appendix A (the "Settlement Offer") and substantially in accordance with Confidential Appendix B and Confidential Appendix C to the supplementary report (June 14, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1900 Eglinton Avenue East (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 10 below.

Parkland Dedication for Phase 1 Zoning Lands

2. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 1,755 square metres, generally as shown on Confidential Appendix C to the supplementary report (June 14, 2022) from the City Solicitor as Block 4, satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act for the Development Site with the exact size, location, configuration and timing of conveyance 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.

3. 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 for Phase 1 Zoning Lands

4. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor:

a. the provision of a minimum of 60 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided on Block 1, including the following:

i. the affordable housing units will be made available for residential occupancy concurrent with the market dwelling units on Block D;

ii. the affordable housing units must be grouped in no less than 6 contiguous units; and

iii. the unit types and sizes as follows:

a. at least 10 percent three-bedroom units, with all affordable three-bedroom units;

b. at least 25 percent two-bedroom units; and

c. no more than 65 percent one-bedroom units

with such unit sizes be to the satisfaction of the Chief Planner and Executive Director, City Planning.

Matters Required to Support the Development

5. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Site Plan Approval, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience:

a. the owner shall prepare, at its expense, a Public Art plan (the “Public Art Plan”) for the provision of Public Art, up to a maximum value of One Million Dollars ($1,000,000.00), upon the Site or adjacent City-owned land and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site;

b. prior to the issuance of the first above grade building permit for Block 1, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 5.a. above;

c. 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 in the Zoning By-law Amendment in addition to the following identified matters:

i. the owner shall pay to the City, by certified cheque, the sum of Fifty Thousand Dollars ($50,000.00) in Canadian funds, 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 this Agreement to the date of payment, for the future implementation of a minimum of one (1) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

ii. prior to the issuance of any above grade building permit, the owner shall provide a letter of credit for $1,500 for the bike repair station thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

iii. prior to the issuance of any above grade building permit, the owner shall provide a letter of credit for $5,000.00 for the provision of one (1) real-time transportation information screen and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

iv. a financial contribution of $50,000 for the future Victoria Park Avenue or Warden Avenue Transit Study;

v. prior to the issuance of the first above grade building permit on the lands, the owner shall provide a financial contribution to the City in the amount of $40,000 for a future Golden Mile Transportation Monitoring Study;

vi. the owner shall provide a PRESTO pass to each of the  affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and

vii. the owner shall provide bike share annual  memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, of which, there shall be bike share memberships provided to each of the 60 affordable housing units;

d. 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; 

e. a privately owned publicly accessible open spaces on Block 1, with a minimum size of 373 square metres, whereby as a pre-approval condition to Site Plan Approval for Block 1, 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;

f. the provision of public access easements to provide access to and through development block mid-block connection and private street to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the vehicular and pedestrian easement to be determined in the context of a Site Plan Approval; 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 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;

g. prior to the issuance of Site Plan Approval for any part of the Development Site, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. 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;

i. 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;

j. 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;

k. 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 conditions of Site Plan Approval (where appropriate), satisfactory to the City Solicitor;

l. as part of the first site plan application and prior to any site plan approval on any part of the site, the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry, Parks, Forestry and Recreation; and

m. as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry, Parks, Forestry and Recreation.

Conditions to Ontario Land Tribunal Order

6. 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) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer; and

b. 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, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed SASP into Section 14 of the Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan.

7. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“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. has secured the design and the provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. submitted a revised Multi-Modal Transportation Impact Study satisfactory to the General Manger, Transportation Services and thereafter implement any such requirements as part of the Site Plan Control application; and

iv. a Section 37 Agreement has been entered into satisfactory to the Chief Planner and Executive Director, City Planning and has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 4 above and securing the matters required to support the development outlined in Part 5 above.

8. Provided that the matters listed in Part 7.b. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor:

a. to request  that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribual contain a Holding ('H') provision (as required) which may include that the owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and

ii. has secured the design and the provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and/or

b. ensure that the matters listed in Part 7.b. above are otherwise secured to the satisfaction of the Chief Planner and Executive Director, City Planning, Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.

9. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022.

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

Confidential Appendices A, B and C to the supplementary report (June 14, 2022) 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).

Confidential Attachment 1 to the report (June 7, 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. Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the supplementary report (June 14, 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 Confidential Attachment 1 to the supplementary report (June 14, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.