Item - 2022.MM45.40

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 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 Appendix A to the 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 report (June 14, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

Confidential Attachment 1 and Confidential Appendix A to the report (June 14, 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 and they pertain to litigation privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (June 14, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the report (June 14, 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 and litigation privilege.

July 27, 2022

The confidential instructions to staff in Confidential Attachment 1 to the 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 as follows:

1.  City Council accept the Without Prejudice Settlement Offer dated June 14, 2022 in Confidential Appendix A to the report (June 14, 2022) from the City Solicitor, subject to Parts 2 to 7 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing in support of the revised development proposal generally as set out in the with prejudice Settlement Offer in Public Attachment 1 to Item 2022.CC43.21 and as generally shown on the revised plans in Public Attachment 2 to Item 2022.CC43.21.

3.  City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor as follows:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  indoor recreational amenity space;

ii.  mezzanine level bicycle parking;

iii.  grade-related retail;

iv.  a monetary contribution payable prior to the issuance of the first above grade building permit for the proposed development, toward the cost of acquiring or improving parkland servicing the North York Centre area, or constructing and furnishing a public recreational centre or social or community facility serving the North York Centre area, in an amount equal to $4,000,000.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the Zoning By-law Amendment to the date of payment; and

v.  the Owner shall dedicate the property municipally known as 11 Parkview Avenue as parkland in full satisfaction of the Owner's obligations under Section 42 of the Planning Act; the parkland shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the Owner shall convey the parkland to the City prior to the issuance of the first above grade building permit for the proposed development; and

vii.  the Owner shall complete all required park improvements prior to Condominium Registration; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development at the Owner's sole cost and expense:

i.  as a condition of Site Plan Approval, the Owner shall convey to the City a 1.17 metre strip of land along the rear of the Yonge Street Portion of the Site for the widening of the existing lane, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

ii.  as a condition of Site Plan Approval, and prior to the issuance of any building permit for the development, the Owner shall address the outstanding issues identified in the memorandum (February 3, 2021) from the Manager, Development Engineering, Engineering and Construction Services, including an updated Functional Servicing and Stormwater Management Report that addresses staff's concerns, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iii.  as a condition of Site Plan Approval, and prior to the issuance of any building permit for the development, the Owner shall design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report 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 are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

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 Owner and the City and registered on title to the Site prior to the issuance of any building permit for the development, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

5.  City Council direct that after conveyance of the parkland secured in Part 3.a.v. above, and prior to completion of the park improvements, the Owner shall be permitted to use the parkland for construction staging and related purposes, subject to an occupancy agreement with the City;  compensation for the use of the future public park for staging shall be charged in the same manner as set out in Municipal Code Chapter 441 (Fees and Charges), Appendix C - Schedule 2, Transportation Services, Ref. 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; the construction of the park shall commence only after verification that the parklands continue to meet the applicable laws, regulations and guidelines respecting sites to be used for public park purposes.

6.  In the event the Owner elects to design and construct above base park improvements, 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.

7.  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 (June 14, 2022) from the City Solicitor is now public,

the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).