Item - 2022.CC47.31

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor.

2. City Council authorize the public release the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 11, 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.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council direct the City Solicitor, together with City Planning and other appropriate staff to appear before the Ontario Land Tribunal in support of the Official Plan and Zoning By-law Amendment Rezoning application in its revised form as contained in the July 11, 2022 Settlement Offer and subject to securing the matters set out in Parts 2 and 3 below.

2. In the event the Ontario Land Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Official Plan and Zoning By-law Amendments until:

a. 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 and, among other matters have secured:

i. provisions for a holding by-law pursuant to Section 36 of the Planning Act related to the completion of required sanitary sewer upgrades in the Sheppard Avenue East corridor area;

ii. the unit mix shall include a minimum of 10 percent 3 bedroom and 30 percent 2 bedroom units;

iii. the full replacement of the existing rental dwelling units on the lands at 680 and 688 Sheppard Avenue East;

iv. the rents, rental tenure, unit mix, and unit sizes of the replacement rental dwelling units;

v. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. a minimum of ten percent (10 percent) of all non-replacement rental dwelling units at 680 and 688 Sheppard Avenue West as three-bedroom units and a minimum of thirty percent (30 percent) of all non-replacement rental dwelling units on the lands as two-bedroom units; and
 

vii. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code;

b. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services to impose a holding provision in the site specific by-law pursuant to Section 36 of the Planning Act, to be in lifted upon the completion of sanitary sewer upgrades in the Sheppard Avenue East corridor area and sufficient capacity is present to support the development;

c. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan Amendment and Zoning By-law Amendment applications as set out in their memo dated September 17, 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;

d. the owner has delivered a revised wind study to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has entered into an agreement with the City for the conveyance of a public access/publicly-accessible privately-owned space easement with respect to the multi-use trail/mid-block connection in the location depicted in the July 4, 2022 Settlement Offer and at no cost to the City, with such conveyance to occur through the site plan approval process and on terms satisfactory to the City, or has made other arrangements for such conveyance to the satisfaction of the City Solicitor;

f. the owner has entered into an agreement with the City for the fee simple conveyance of the parkland depicted in the July 4, 2022 Settlement Offer and at no cost to the City, with such conveyance to occur prior to the issuance of the first above grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, or has made other arrangements for such conveyance to the satisfaction of the City Solicitor;

g. the agreement referred to in Part 2.f. above shall include terms requiring the conveyance of the parkland free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management;

h. the owner has registered a Section 118 restriction on title, under the Land Titles Act, agreeing not to transfer or charge the Parkland without the consent of the City, which restriction may be released only upon the owner transferring the Parkland to the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and the City Solicitor;

i. the owner has provided an updated traffic impact study (including delay information, 50th and 95th percentile queues, available storage areas for all intersections and each movement, and digital Synchro and SimTraffic files) and any other reports necessary in support of the development to the City to the satisfaction of the General Manager, Transportation Services to ensure the safe and efficient traffic operation of the driveway in the proposed location; and

j. City Council has approved the Rental Housing Demolition application 19 248116 NNY 17 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 680 and 688 Sheppard Avenue East and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision.

3. As a condition of site plan approval to implement the Official Plan and Zoning By-law Amendment, City Council instruct staff to secure the following matters:

a. the owner will be required to construct at their sole expense any traffic improvements, including signal timing modifications, identified in the accepted transportation and traffic movement reports to the satisfaction of the General Manager, Transportation Services;

b. the owner will work with City staff on appropriate balcony design and location for the building;

c. the size and location of the mechanical penthouses will be refined to minimize their view from the public realm; and

d.  the number of surface pick-up and drop-off parking spaces on site will be reviewed and reduced as appropriate.

4. Should the Ontario Land Tribunal approve the Official Plan Amendment and Zoning By-law Amendment applications, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; such development charge credit shall be in an amount that is the lesser of the cost to the applicant 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.
 

5. Should the Ontario Land Tribunal approve the Official Plan Amendment and Zoning By-law Amendment applications, City Council direct that the future public park being secured as part of the development be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development, subject to an agreement having been obtained outlining the insurance requirements, extent of area and use permitted, tree removal and replacement, duration, restoration plan and costs, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6. Should the Ontario Land Tribunal approve the Official Plan Amendment and Zoning By-law Amendment applications, City Council direct that any compensation for the use of the future public park in accordance with Part 5 above, be charged in the same manner as set out in Municipal Code Chapter 441 (Fees and Charges), Appendix C - Schedule 2, Transportation Services, Ref. No. 38 describing fees to temporarily occupy a portion of sidewalk or boulevard, or, as otherwise may be agreed between the parties, and to the satisfaction of the General Manager, Parks, Forestry and Recreation.

7. City Council defer making a decision at this time on Rental Housing Demolition application 19 248116 NNY 17 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the existing rental dwelling units at 680 and 688 Sheppard Avenue West, and City Council instruct staff to report on the Rental Housing Demolition application to the Toronto and East York Community Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for such lands and the other related lands at 680 and 688 Sheppard Avenue West.

8. City Council authorize the appropriate City officials to enter into agreements included in the Parts above to secure the transfer of the parkland and the multi-use trail/mid-block connection.

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

The balance of Confidential Attachment 1 to the report (July 11, 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.