Item - 2021.CC37.4

City Council on November 9, 10 and 12, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor.

2.  City Council authorize the public release of:

a. the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2021) from the City Solicitor; and

b. Confidential Attachments 2 to 5 to the report (November 1, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 2021) 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 (November 1, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the without prejudice settlement offer attached to the report (November 1, 2021) from the City Solicitor as Confidential Attachment 2, Confidential Attachment 3, Confidential Attachment 4, and Confidential Attachment 5 (collectively, the "Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 17 261931 STE 22 OZ) subject to the Parts below.

2.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal in support of the Settlement Offer subject to the Parts below.

3.  City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendments to City of Toronto By-law 569-2013 and former City of Toronto By-law 438-86, as amended, are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and include the requirement for appropriate matters, services and facilities to be provided by the owner at its sole expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development as a legal convenience;

b.  the owner has provided a Functional Servicing and Stormwater Management Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water;

c.  the owner has financially secured and designed any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, and entered into the appropriate agreements with the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development;

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.

4.  City Council approve the acceptance of an 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 in accordance with all applicable City policies prior to the issuance of the first above-grade building permit for the site.

5.  City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, to exercise their discretion to accept, if proposed by the owner, encumbrances of tiebacks in the Parkland Dedication and the parkland over-dedication as set out in Part 6 below, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation; and such encumbrances 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.

6.  City Council direct the City Solicitor to proceed with the preparation, execution, and registration of an agreement with the owner pursuant to Section 37 of the Planning Act to secure the following matters, services, and facilities to be provided as community benefits to support of the development:

a.  prior to the earlier of the registration of the first condominium in respect of any part of the site and the first occupancy of any part of the development, the owner shall provide no less than 5,000 square feet of space within the development, being the most northern non-residential unit facing the Parkland Dedication and the parkland over-dedication as shown on the enclosed plans, for the City's EarlyON program (the "EarlyON Space"), in accordance with the terms set out in Schedule A to Confidential Attachment 2 to the report (November 2, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. prior to the earlier of condominium registration in respect of any part of the site and the first residential use of any part of the development, but in any event prior to the conveyance of the EarlyON Space to the City, the owner shall enter into and register on title an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs in respect thereof, or portions of the subject lands to be owned by the City and the owner as they pertain to the EarlyON Space;

c. prior to the issuance of the first above-grade 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 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;

and to secure the following matters as legal conveniences:

d.  prior to the issuance of the first above-grade 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 4 above, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and subject to the authority granted to the General Manager, Parks, Forestry and Recreation in respect of tiebacks;

e.  the owner shall provide no less than 15 percent of the total number of residential units as 2-bedroom units, no less than 10 percent of the total number of residential units as 3-bedroom units, and no less than 15 percent of the total number of residential units as convertible to 2-or-3-bedroom units, to the satisfaction of the Chief Planner and Executive Director, City Planning as a part of the Site Plan Control application for the development;

f.  the owner shall construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Management Committee, and as updated by City Council at its meeting held on December 5, 6, and 7, 2017 through the adoption of PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for the development;

g. pursuant to the Site Plan Application process for the development, but in any event prior to Site Plan approval, the owner shall provide the following Transportation Demand Management measures to the satisfaction of the Chief Planner:

i.  review potential to include 1-2 publicly accessible car-share spaces onsite;

ii. one (1) car-share and/or bike-share membership per unit, offered in the first year of occupancy;

iii. one (1) pre-loaded Presto card ($100 value) per unit offered in the first

year of occupancy; and

iv. a minimum of two (2) bike repair stations provided on-site.

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

The balance of Confidential Attachment 1 to the report (November 1, 2021) 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 (November 1, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachments 2 to 5 to the report (November 1, 2021) from the City Solicitor are now public and are available under Background Information (City Council).