Item - 2020.CC23.2

City Council on July 28 and 29, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor, as amended by motion 1 by Councillor Shelley Carroll.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Carroll,  and Confidential Attachments 2, 3 and 4 to the report (June 23, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (June 23, 2020) 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 23, 2020) from the City Solicitor, as amended by motion 1 by Councillor Shelley Carroll, were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated June 18, 2020 in Confidential Attachment 2 to the report (June 23, 2020) from the City Solicitor, subject to Parts 2 to 10 set out below.

2. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a size of 2,850 square metres, generally as shown on page 3 of Confidential Attachment 3 to the report (June 23, 2020) from the City Solicitor, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation (the "Public Park"); the Public Park would be conveyed to the City in accordance with the City’s Policy for Accepting Potentially Contaminated Lands and constructed to base park conditions, prior to the earlier of:

a.  the first above grade building permit for the last building on the Property;

b.  the registration of the first Description for any condominium under the Condominium Act for any building on the Property; and

c.  the first occupancy of any building on the Property;

and in any event no later than three years after the first above-grade building permit for any building on the Property to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

3.  City Council accept the registration of a restriction pursuant to Section 118 of the Land Titles Act on Public Park lands in favour of the City, with priority of title, to the satisfaction of the City Solicitor, prohibiting the sale or charge of the Public Park lands without consent of the City, with such consent not be unreasonably withheld and which, for greater certainty, shall not be withheld to facilitate financing of the larger Property and developments thereon, provided that such consent may be subject to terms and conditions necessary, in the opinion of the City Solicitor, to ensure that the City’s right to acquire the Public Park lands is enforceable against the transferee or chargee, as the case may be; it is acknowledged that the purpose of the Section 118 restriction is to ensure the future conveyance of the Public Park lands to the City for parkland purposes.

4.  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.

5.  City Council accept the conveyance of a proposed new 18.5 metre public street from Hallcrown Place easterly to Victoria Park Avenue, across the central portion of the Property as generally shown on page 3 of Confidential Attachment 3 and detailed in Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor, with the exact location, alignment and configuration to the satisfaction of the General Manager, Transportation Services (the "Road"); the Road conveyance is over an existing 15 metre wide easement, currently in favour of the City; the conveyance of the proposed public Road to be transferred to the City, with obligations and timing for conveyance and construction to be determined through an application for draft plan of subdivision for the Property, and shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments, except as noted above, in an acceptable environmental condition and subject to the following:

a.  the owner shall, at its own cost, design, build and convey to the City, the portion of the public Road from Hallcrown Place to the eastern limit of the Private Drive (shown diagonally hatched on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor), with the exact design and alignment to be to the satisfaction of the General Manager, Transportation Services, to permit snow plows to turn around and drive back in a forward motion onto the Road and to Hallcrown Place (West Segment); the owner shall, at its own cost, landscape and convey to the City the remaining portion of the Road (shown vertically hatched on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor), from the western limit of the West Segment to the eastern property limit of the Property (East Segment) to facilitate a future connection to Victoria Park Avenue (shown hatched as Future East Road Connection on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor); and the East Segment will be conveyed as public highway, landscaped at the owner's expense, kept as open space and reserved for future road construction to connect the Road to Victoria Park Avenue;

b.  the Road will be approximately 18.5 metres in width, generally as shown on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor, including intersection improvements and any identified new signals or signage and/or pedestrian/cycling infrastructure, should they be required, all in accordance with the City’s applicable policies, standards and guidelines for public streets, the precise location and specifications of which are to be secured in conjunction with site plan approval and/or draft plan subdivision approval, and including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning;

c. the owner shall, at its own cost, ensure that all required water mains and sanitary sewers, and appropriate appurtenances, within the new public Road in Part 5, have been installed and are operational and such timing to be in accordance with the Draft Plan of Subdivision application, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  prior to the issuance of the first above grade building permit for any part of the Property, the owner shall provide securities and a satisfactory irrevocable letter of credit of 120 percent of the value required to secure the design, construction over parts of the Road and the entire conveyance to the City of the Road identified in Parts 5.a. and b. above, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

6.  City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services to prioritize the review of the future connection of the Road to Victoria Park Avenue, detailed and defined in Part 5 above from the City Solicitor and to use reasonable best efforts to secure approvals from the Ministry of Transportation to permit the future connection of the Road to Victoria Park Avenue.

7.  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 offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows:

i. a cash contribution of three million ($3,000,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Property and to be used towards public art, streetscape improvements, affordable housing and/or multi-purpose community agency space at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii. the cash contribution referred to in Part 7.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Agreement to the date of payment;

iii. in the event the cash contribution referred to in Part 7.a.i. above has not been used for the determined purpose within three years of the amending Zoning By-law 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 Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

iv. the provision of a non-profit licensed 62 space child care centre to be located within the Property, on the ground floor of Building "D" with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children Services, and such child care centre shall generally be in accordance with the following:

A.  shall be of a resulting gross floor area of approximately 929 square metres with an accompanying outdoor play area of 279 square metres and be constructed, finished, furnished and equipped by the owner;

B.  shall be designed to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children’s Services;

C.  will accommodate children of all ages, including infants, toddlers and preschoolers, generally in accordance with the City of Toronto's Child Care Development Guidelines;

D.  the minimum capacity and size of the Child Care Facility may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children’s Services; and

E.  the details of the lease term and other matters as described in this City Council decision, such as phasing, timing, location, obligations and any such matters to implement the Child Care Centre, in respect of the non-profit licensed child care centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2016), including a provision of one hundred and eighty thousand ($180,000.00) dollars for start-up operating costs and equipment costs and one hundred and fifty thousand ($150,000.00) dollars for a replacement reserve fund; and

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

i.  the statutory parkland dedication referred to in Parts 2 and 3 above and the above base park improvements for the statutory parkland dedication and the development charge credit referred to in Part 4 above;

ii.  the new public street identified in Part 5 above, as necessary, to secure such requirements to the satisfaction of the City Solicitor and General Manager, Transportation Services;

iii.  two Privately-Owned Publicly-Accessible Open Spaces, with one located to the east of Building "A" being a minimum 3.0 metre walkway connection between Consumers Road south to the new public street and the second a minimum 8 metre wide strip to include a 4.0 metre walkway and 2.0 metres of planting on either side along the south property line adjacent to the Public Park and connecting to Victoria Park Avenue as generally shown on the Site Plan on page 3 of Confidential Attachment 3 to the report (June 23, 2020) from the City Solicitor as may be required, to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, 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; 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 pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

iv. the minimum of 6,203 square metres of non-residential gross floor area, representing a minimum of 80 percent of the existing non-residential gross floor area on the Property, with the non-residential gross floor area to be provided to prior to or concurrent with the provision of residential gross floor area for the Property; for greater clarity, the implementing Zoning By-law would allow the childcare in Part 7.a.vi. above, to form part of the replacement non-residential gross floor area;

v. secure the signalization of the intersection of Hallcrown Place and Consumers Road and a designated left turn lane on Hallcrown Place, and any other recommended improvements and/or Transportation Demand Management measures identified in the Traffic Impact Study and the revised Transportation Demand Management Memorandum at the sole cost of the Owner, to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; the intersection improvements of Hallcrown Place and Consumers Road, including the designated northbound left-turn lane on Hallcrown Place, and the westbound left-turn lane on Consumers Road and any other recommended improvements shall be installed and operational prior to the earlier of:

1.  the first above grade building permit for the last building on the Property;

2.  the registration of the first Description for any condominium under the Condominium Act for any building on the Property; and

3.  the first occupancy of any building on the Property and in any event no later than three years after the first above-grade building permit for any building on the Property to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

vi. secure a gratuitous temporary access easement, to the benefit of the City over the lands representing the Private Driveway (shown diagonally hatched on Confidential Attachment 4 to the report (June 23, 2020) from the City Solicitor), to facilitate a turning loop for City-owned vehicles to circulate over the Road, until such time as the Road is extended to Victoria Park Avenue, all in a form acceptable to the City Solicitor and at the owner's sole cost and expense;

vii. secure any recommended mitigation measures identified in the peer reviewed Environmental Noise Assessment Report required by Part 9.c.vi. below, in a form acceptable to the City Solicitor; and

viii. secure a minimum of 30 percent of the total number of residential units as 2-bedroom units, with a minimum 25 percent of these 2-bedroom units having a minimum size of 87 square metres of gross floor area and a minimum of 10 percent of the total number of residential units as 3-bedroom units, with a minimum of 25 percent of these 3-bedroom units having a minimum size of 100 square metres of gross floor area.

8. City Council direct the Chief Planner and Executive Director, City Planning to ensure that through the Site Plan Approval process the 8.0 metre wide Privately-Owned Publicly-Accessible Open Space walkway along the south property line identified in Part 7.b.iii. above and any private on-site open space on the lands be of a high quality landscaping and amenity, and to ensure that the Privately-Owned Publicly-Accessible Open Space walkway is integrated with the surrounding area, where appropriate, so as to permit pedestrian permeability from the southern property line.

9.  City Council instruct the City Solicitor to attend the hearing before the Local Planning Appeal Tribunal in support of the settlement in principle of the Zoning By-law Amendment and to request the Local Planning Appeal Tribunal to withhold issuance of its final Order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment(s) are in a form and with content satisfactory to the City, including securing the non-residential replacement identified in Part 7.b.iv. above, securing the minimum percentage of bedroom types and minimum unit sizes as identified in Part 7.b.viii. above; and other appropriate Section 37 provisions in Part 7 above, satisfactory to the Chief Planner and Executive Director, City Planning.

b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in City Council's decision;

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

i.  submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management 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;

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;

iii.  made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;

iv.  submitted a revised Traffic Impact Study and Transportation Demand Management Memorandum acceptable to, and to the satisfaction of the General Manager, Transportation Services and that any matters arising from the Traffic Impact Study and the and Transportation Demand Management Memorandum be secured, if required, all to the satisfaction of the City Solicitor and General Manager, Transportation Services;

v.  submitted a revised Pedestrian Level Wind Study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and that such matters arising from the Pedestrian Level Wind Study be secured, if required, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

vi.  facilitated the City undertaking a peer review of the submitted Environmental Noise Assessment Report, and secured any recommended mitigation measures in the amending by-laws and the Section 37 Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning, including classifying the Property as a Class 4 noise area pursuant to relevant provincial noise guidelines Publication NPC-300 (Ministry of the Environment and Climate Change Environmental Noise Guideline- Stationary and Transportation Sources - Approval and Planning), if appropriate;

d. City Council has classified the Property as a Class 4 noise area pursuant to relevant provincial noise guidelines Publication NPC-300 (Ministry of the Environment and Climate Change Environmental Noise Guideline- Stationary and Transportation Sources - Approval and Planning), should the peer review of the Environmental Noise Assessment Report, identified in Part 9.c.vi. above, conclude that a Class 4 noise area designation of the Property is appropriate;

e. the owner's outstanding appeal of the City's Official Plan Amendment 393 (Consumers Next Secondary Plan) has been withdrawn to the satisfaction of the City Solicitor; and

f.  the owner has submitted an application for Draft Plan of Subdivision for the Property to implement the Settlement Offer and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, easements and any required municipal infrastructure, as well as any required phasing of development on the Property, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

10.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachments 2, 3 and 4 to the report (June 23, 2020) 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 23, 2020) 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 23, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.