Item - 2022.CC43.18

City Council on May 11 and 12, 2022, adopted the following:

1. City Council confirm its endorsement of the Development as contemplated in the 2014 Settlement Proposal, as generally shown on the Plans dated April 21, 2022 in Attachments 2 (West Elevation) and 3 (Site Plan) to the report (May 3, 2022) from the City Solicitor, subject to Parts 2 to 13 below.

2. City Council authorize the City Solicitor and appropriate City Staff to support the 2014 Settlement Proposal at the Ontario Land Tribunal.

3. City Council direct the City Solicitor to secure the capital facilities referred to below in an Agreement pursuant to Section 37 of the Planning Act, which agreement or agreements shall be registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; the Owner, at the Owner's expense and in accordance with, and subject to the agreements referred to above shall provide for or fund the following facilities on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out:

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

i. upon Ontario Land Tribunal approval of the Zoning By-law Amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of part of Inez Court shown as Part 10 on Plan 66R-32549 (the Inez Court Bulb Lands), the Owner shall convey to the City, the lands identified as Parts 3, 4, 5, 15, 16 and 17 on Plan 66R-32549 (the Parkland Dedication Lands, all parts shown on Attachment 4 to the report (May 3, 2022) from the City Solicitor), comprising an area of 7,534.00 square metres for parks purposes, of which 5,374.49 square metres shall be over-contribution, additional to the statutorily required parkland dedication of 2,159.51 square metres required by Section 42(3) of the Planning Act; the Parkland Dedication Lands shall be free and clear, above and below grade, of all easements and encumbrances, in an environmental and base park condition acceptable to the General Manager, Parks, Forestry and Recreation;

ii. concurrent with the conveyance of the Parkland Dedication Lands to the City, the Owner shall provide to the City funding for the design and construction of park improvements in the sum of $250,000.00, 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;

iii. upon Ontario Land Tribunal approval of the Zoning By-law Amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of the Inez Court Bulb Lands (Part 10), the Owner shall convey, at no cost to the City, the lands identified as Parts 1, 2, 6, 8, 9, 13, 14, 18, 19 and 21 on Plan 66R-32549 (the Beecroft Extension Lands), comprising an area of 3,590.4 square metres, for future service road purposes; all Parts shown on Attachment 4 to the report (May 3, 2022) from the City Solicitor; the Beecroft Extension Lands shall be free and clear of all encumbrances both above and below grade (unless such encumbrances are agreed to by Transportation Services) and shall meet the environmental requirements of the City Council approved Engineering and Construction Services Directive titled "Environmental Site Assessment for Land conveyances"; and in the event that Part 20 on Plan 66R-32549 is stopped up and closed prior to the dedication of the Beecroft Extension Lands as public highway, the conveyance of the Beecroft Extension Lands shall be subject to a temporary access easement in favour of the adjacent development lands, to expire upon dedication of the Beecroft Extension Lands as public highway on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor;

iv. prior to issuance of the first above grade building permit for the development, the Owner shall provide to the City a monetary contribution toward the cost of acquiring lands for the North York Centre Service Road and associated road network and buffer areas, acquiring or improving parkland serving the North York Centre area, or constructing and furnishing a public recreational centre or social facility serving the North York Centre area, in an amount equal to $1,506.95 per square metre for up to 3,854.47 square metres of additional gross floor area, for a total amount of up to $5,808,494.00, 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;

v. two bicycle rooms located on the ground floor with direct access from the outside, collectively containing a minimum of 55 bicycle parking spaces; and

vi. a minimum of 1.5 square metres per dwelling unit of private indoor recreational amenity area; and

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

i. prior to the issuance of the first above grade building permit, the Owner shall make a  cash contribution to the Toronto Transit Commission, in the amount of $35,000.00, for the installation of signal priority in the vicinity of the Site, 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;

ii. prior to condominium registration, the Owner shall provide a pre-loaded PRESTO card with funds in the amount of $50 to each unit as part of the Transportation Demand Management strategy/information package;

iii. 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 prior to the issuance of the Notice of Approval Conditions, 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; and

iv. provisions for the extension to the window for the Development Charges reduction addressed in Parts 5 and 6 below; provisions to waive the right-of-way occupancy fees for construction staging from the Beecroft Extension Lands addressed in Part 7 below,  and provisions for the Owner to construct the Beecroft Extension and related requirements addressed in Part 8 below may also be included in the Section 37 Agreement as a legal convenience at the discretion of the parties.

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 Owner, 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, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

5. City Council direct that in connection with the early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City, relief be provided from the 60 month time limit set out in Article 415-7C(1) of the City's Municipal Code (Development Charge By-law) in order to facilitate the early demolition of the twenty-one (21) single detached dwellings on the lands and the associated early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City; such relief shall be contingent on the Parkland Dedication Lands and the Beecroft Extension Lands having been conveyed to the City as soon as possible after the approval of the Zoning By-law Amendment, and shall expire upon the later of fifteen (15) years from the issuance of the demolition permits for the twenty-one (21) dwelling units, or ten (10) years from completion and dedication of the Beecroft Road Extension service road adjacent to the Development lands.

6. City Council authorize the City Solicitor to enter into an Agreement(s) with the Owner that the Development Charges payable for the ultimate development on the subject property will be reduced by an amount calculated by multiplying twenty one (21) single detached dwellings (being the number of dwelling units required to be demolished to facilitate the redevelopment) by the Development Charge rate in effect for single detached dwellings at the time of building permit issuance for the redevelopment, and subject to the conditions set out in Part 5 above.

7. City Council direct that in consideration for and contingent on the early conveyance of the Beecroft Extension Lands to the City, the Owner be permitted to occupy the easternmost northbound lane and adjacent boulevard of the Beecroft Extension Lands in order to facilitate the staging of construction of the Development, and that any right-of-way occupancy fees that would otherwise be payable under Chapter 441 of the City's Municipal Code be waived for a maximum of three (3) years, commencing at any time within a ten (10) year period following the completion and dedication of the Beecroft Extension Lands; any such occupancy will be subject to the requirements of Chapter 743 of the City's Municipal Code, including the requirement to submit an application and obtain a right-of-way occupancy permit, a traffic management plan (including provision for maintained pedestrian and cycling access), and any other requirements such as insurance, security, indemnification, to the satisfaction of the General Manager, Transportation Services; and in the event the Owner wishes to occupy the Beecroft Extension Lands to facilitate the staging of construction of the Development prior to their dedication as public highway, the requirements of Chapter 743 will not apply, but the Owner shall enter into a license agreement with the City to occupy the lands for nominal consideration for a maximum of three (3) years, on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

8. City Council direct that, in the event the Owner wishes to construct the Beecroft Road Extension within the Site (from Drewry to the south limit of its property) prior to the awarding of a contract by the City for construction of the Beecroft Road Extension, that the Owner be permitted to construct the Beecroft Road Extension within the Site, provided that they have first made satisfactory arrangements with Engineering and Construction Services and have entered into the appropriate agreement(s) with the City for the design and construction of the Beecroft Road Extension, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the necessary municipal infrastructure to service the site from Drewry Avenue to the south limit of the Site, which may include any necessary upgrades to existing servicing within Drewry Avenue.

9. City Council direct that the parkland dedication required pursuant to Section 42 of the Planning Act in connection with the Development shall be fulfilled by virtue of the conveyance of the Parkland Dedication Lands to the City as secured in the Part 3.a.i. above; in the event that the Owner submits a new application seeking additional density and/or unit permissions for the net development site in the future, the parkland dedication requirement will be determined in accordance with the applicable parkland dedication rates at that time, as applied to that net site; and if this occurs, the statutorily required Parkland Dedication Lands outlined in Part 3.a.i. above that have already been conveyed to the City (but none of the over-contribution) may be counted towards the fulfillment, in whole or in part, of the future parkland dedication requirements for the net development site at that time.

10. City Council direct that, prior to undertaking the base park conditioning, which must be completed prior to conveyance of the Parkland Dedication Lands, the Owner shall submit a cost estimate and any necessary plans including working drawings, specifications, and landscape plans showing the scope and detail of the work for the base park conditioning, for review and approval by the General Manager, Parks, Forestry and Recreation; the Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the value of the base park conditioning to the satisfaction of the General Manager, Parks, Forestry and Recreation; and no credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with base park conditioning.

11. City Council request the General Manager, Parks, Forestry and Recreation to include within the 10-Year Capital Plan the timely development of new parkland located at 51 Drewry Avenue and 8 to 28 Inez Court, in the 2023 budget submission for Parks, Forestry and Recreation, with growth related funding, including Development Charges and Section 42 First 5 percent cash-in-lieu monies, received.

12. City Council Council direct that Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor client privilege.

13. 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 Attachment 1 to the report (May 3, 2022) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor client privilege.