Item - 2022.CC45.21

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 report (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton.

3. City Council authorize public release of Confidential Attachments 2 and 3 to the report (June 8, 2022) from the City Solicitor.

4. City Council direct that the balance of Confidential Attachment 1 to the report (June 8, 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 (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton, were adopted by City Council and are now public as follows:

1.  City Council accept the without prejudice Settlement Offer dated June 3, 2022 in Confidential Attachment 2 and as generally shown on the Revised Plans dated June 1, 2022, in Confidential Attachment 3 to the report (June 8, 2022) from the City Solicitor, subject to the Parts 2 to 10 set out 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 revised proposal as set out in the without prejudice Settlement Offer dated June 3, 2022 in Confidential Attachment 2 and as generally shown on the Revised Plans dated June 1, 2022 in Confidential Attachment 3 to the report (June 8, 2022) from the City Solicitor.

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 $3,800,000 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, to be allocated as follows, the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor:

A.  $500,000 to be allocated for on-site public art;

B.  $500,000 to be allocated for enhanced streetscape improvements adjacent to the Subject Site, including improvements to Collier Street that enhance the urban design of that street;

C.  $1,000,000 to be allocated for affordable housing initiatives; and

D.  $1,800,000 to be allocated for social services, community facilities, park improvements and road safety and streetscape improvements in the immediate area of Bloor Street East, Yonge Street, Rosedale Valley Road and St. Paul's Square; and

ii.  in the event that the cash contribution in Part 3.a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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 local Ward Councillor; and

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

i.  the conveyance by the Applicant to the City of a road widening of 2.38 metres along the Park Road frontage of the Subject Site;

ii.  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 west corner of the Subject Site along Church Street and Collier Street as generally shown on the Revised Plans dated June 1, 2022, in Confidential Attachment 3 to the report (June 8, 2022) from the City Solicitor, and have a minimum area of not less than 129.3 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, Toronto and East 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 alternatively, the Applicant may convey to the City the area intended for the privately-owned, publicly-accessible space as on-site parkland in full or partial satisfaction of its parkland contribution as required by Section 42 of the Planning Act, at the election of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry, and Recreation;

iii.  the Applicant agrees to implement one of the four (4) design options (Options A, B, C, or D) for grade-related access to the Subject Site as generally shown on the Revised Plans dated June 1, 2022, to be selected by, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the local community; and

iv.  prior to Site Plan Approval, the Applicant agree to provide a Construction Management plan and Neighbourhood Community Strategy to the satisfaction of the Chief Planer and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services and the local Ward Councillor.

4.  City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its final 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 is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the Applicant 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, Groundwater 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; and

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; and

c.  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 Subject Site to the satisfaction of the City Solicitor, securing community benefits and matters of a legal convenience required to support the development outlined in Part 3 above.

5.  City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment to be issued by the Ontario Land Tribunal contain the following provisions:

a.  pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of this By-law, in return for the provision by the owner, at the owner’s expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor;

b.  where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same;

c.  the Applicant must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to exception CR ● of By law 569-2013, as amended, unless the provisions of Schedule A of such By-law are satisfied; and

d.  Schedule A, which shall provide the Applicant shall enter into and register on title to the lands, one or more agreements pursuant to Section 37 of the Planning Act, at the Applicant's expense, to secure the community benefits and matters of a legal convenience required to support the development outlined in Part 3 above, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor.

6.  City Council instruct the City Solicitor, in the event that the matters listed in Part 4 above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, to request that the final form of the Zoning By-law Amendment to be issued by the Ontario Land Tribunal contain a Holding ("H") provision conditional on the completion of the following matters, all to the satisfaction of the City Solicitor:  

a.  the Applicant 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, Groundwater 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; and

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.

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

8. City Council request the Chief Planner and Executive Director, City Planning and other appropriate staff to review as part of the Site Plan Approval process the four (4) design options (Options A, B, C, or D) for grade-related access to the subject site, with a focus on Option C, and to determine the preferred design option to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the local ward Councillor and the local community including the Collier Asquith Neighbourhood Association.

9. City Council request the Chief Planner and Executive Director, City Planning to review as part of the Site Plan Approval process the design of the building, including its architectural features and materiality, with such final design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local ward Councillor and the local community including the Collier Asquith Neighbourhood Association.

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

Confidential Attachments 2 and 3 to the report (June 8, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 8, 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 report (June 8, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.