Item - 2022.CC47.33

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 of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 11, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix B to the report (July 11, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice 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 amend its previous instructions to staff on Item CC37.4 adopted on November 9, 10, and 12, 2021, by deleting the following requirements in Parts 3.d. and 3.e. of City Council's decision:

d. the owner has signed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered said Agreement on title to the lands, satisfactory to the City Solicitor; and

e. the owner has provided a signed solicitor's certificate from the owner's real estate lawyer licensed to practice in Ontario providing the opinion that encumbrances registered on title to the parkland dedication and parkland over-dedication (as set out below) including, but not limited to, a "right of purchase" registered as Instrument No. AT2938877 are discharged and the rights associated therewith are extinguished and no longer enforceable as against the parkland dedication and the parkland over-dedication to the satisfaction of the City Solicitor.

2. City Council approve the acceptance of a revised on-site parkland dedication comprised of the lands municipally known as 247 Roehampton Avenue, 249 Roehampton Avenue, and 820 Mount Pleasant Road, having an area no less than 269.98 square metres (the "Parkland Dedication"), to be used for the purpose of public parkland pursuant to Section 42 of the Planning Act and in accordance with the Toronto Municipal Code, Chapter 415, Article III, at no cost to the City and subject to the owner transferring all the Parkland Dedication to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor in accordance with all applicable City policies prior to the issuance of the first building permit for the site in place of the requirements previously authorized by Part 4 of Item CC37.4 adopted by City Council on November 9, 10, and 12, 2021.

3. City Council direct that prior to the issuance of the first building permit for any part of the site, the owner shall convey to the City the fee simple interest in a part of the site with an area of no less than 47 square metres as an over-dedication of public parkland, at no cost to the City and subject to the owner transferring all the over-dedication to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor in accordance with all applicable City policies, and subject to the authority granted to the General Manager, Parks, Forestry and Recreation in respect of tiebacks in place of the requirements previously authorized by Part 6d of Item CC37.4 adopted by City Council on November 9, 10, and 12, 2021.

4. City Council direct that prior to the issuance of the first building permit for any part of the site, the owner shall convey to the City the fee simple interest in the Parkland Dedication to the City on the terms of Part 2 above, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor and subject to the authority granted to the General Manager, Parks, Forestry and Recreation in respect of tiebacks.

5. City Council direct that prior to site plan approval, the owner shall prepare all required documentation and convey a road-widening (right-of-way) of Mount Pleasant Road to the City along the frontage of the site abutting Mount Pleasant Road and a width of no less than 2.0 metres as shown within the owner's Settlement Offer, dated October 28, 2021 (Drawing AZ101, prepared by Sweeny & Co Architects, dated September 1, 2021) at no cost to the City and free and clear of all physical encumbrances above and below grade and of all title encumbrances and in accordance with all City policies respecting the conveyance of potentially environmentally contaminated lands, to be subject to a right of way in favour of the owner until such time as the road-widening (right-of-way) is dedicated as public highway, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.

6. City Council direct that prior to site plan approval, the owner shall prepare all required documentation and convey a pedestrian clearway easement to the City, with all rights of support and at no cost to the City and in priority to all title encumbrances, which commences at the south property line of the site with variable width of not exceeding approximately 0.40 metres and a variable length of not exceeding approximately 8 metres along the Mount Pleasant Road frontage, with the final area and configuration of the pedestrian clearway easement area to be determined through the site plan control application process, to the satisfaction of the Chief Engineering and Executive Director, Engineering and Construction Services and the City Solicitor.

7. City Council direct the City Solicitor to secure the matters in Part 5 and Part 6 in the Section 37 Agreement for the site.

8. 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 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 in Part 9 below.

9. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) 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 owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law, unless the provisions of Schedule A of such By law are satisfied; and

d.  Schedule A attached to the Zoning By-law Amendment(s) shall provide as follows:

"Prior to the issuance of the first building permit in respect of the lands shown on Diagram 1 attached to this By-law, the owner shall enter into an agreement under Section 37(3) of the Planning Act and register same in priority, to the satisfaction of the City Solicitor, whereby the owner agrees to secure the facilities, services and matters set out below which are required to be provided to the City at the owner's expense as follows:"

10. Provided that the matters listed Parts 3.b. and 3.c. of City Council's decision on Item 2022.CC37.4 have not been completed to the satisfaction of the appropriate City Official by July 21, 2022, City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal contain a Holding ('H') provision regarding the following matters:

a. the owner shall, at its sole cost and expense:

i. submit 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. secure the design and provided 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.

11. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment(s) on or before August 11, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment(s) effective as of no later than August 12, 2022.

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

Confidential Appendix A to the report (July 11, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendix B to the report (July 11, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix B to the report (July 11, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.