Item - 2022.CC45.22

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 supplementary report (June 9, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the supplementary report (June 9, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (June 9, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

4. City Council direct that Confidential Attachment 1 to the report (June 8, 2022) 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 supplementary report (June 9, 2022) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A and a revised proposal that is substantially in accordance with Confidential Appendix B (the “Settlement Offer”) to the supplementary report (June 9, 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 on this matter in support of the Settlement Offer for the lands municipally known as 36-44 Eglinton Avenue West (the "Development Site").

3.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the owner has withdrawn its Official Plan Amendment as the provision of 2,667.6 square metres of gross floor area for office uses satisfies the intent of Policy 2.5.4 of the Yonge-Eglinton Secondary Plan;

b.  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, including but not limited to the following:

i.  a minimum of 2,667.6 square metres of office uses;

ii. a minimum of 15 percent of the total number of units as 2-bedroom units;

iii.  a minimum of 10 percent of the total number of units as 3-bedroom units;

iv.  an additional 15 percent of the total number of units will be a combination of 2-bedroom and 3-bedroom units, or units that can be converted to 2-bedroom and 3-bedroom units through the use of adaptable design measures;

v.  the maximum number of storeys is 59;

vi.  the maximum overall building height is 199.9 metres, inclusive of the mechanical penthouse and a building height to the top of the roof of 192.9 metres; and

vii.  the revisions outlined in Paragraph 1 of Confidential Appendix A to the plans and drawings contained in Confidential Appendix B to the supplementary report (June 9, 2022) from the City Solicitor; and

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

i.  submitted 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;

ii.  secured 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;

iii.  submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and transportation demand management strategy satisfactory to the General Manager, Transportation Services and thereafter implement any such requirements as part of Site Plan Control application; and

iv.  submitted an updated Computational Fluid Dynamics pedestrian level wind study that reflects the revised proposal, including the identification of any required mitigation measures to be secured through the site plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council direct the following matters be addressed and secured through the site plan approval process for the Development Site:

a. the owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and 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 each building on the site;

b.  as part of site plan control, the owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning; and shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning an updated wind study that includes a wind tunnel analysis and any associated wind mitigation measures;

c. as part of site plan control, the owner shall explore with City staff additional improvements to the Duplex curb location to facilitate public realm improvements that result in a safer pedestrian level experience, through a combination of curb extensions and landscaping to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  requirements for a construction management plan, to the satisfaction of the General Manager, Transportation Services, in consultation with the Ward Councillor.

5.  City Council direct Parks, Forestry and Recreation staff to continue working with the owner to identify a suitable off-site parkland dedication to be conveyed to the City prior to the first Building Permit for the development to the satisfaction of the General Manager, Parks, Forestry and Recreation, in accordance with Section 42 of the Planning Act and City Council authorize the appropriate City officials to enter into any necessary agreements to facilitate the transfer and conveyance of the off-site parkland dedication to the City, in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

6.  If the owner provides for an off-site parkland dedication satisfactory to the General Manager, Parks, Forestry and Recreation, 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 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 appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A and B to the supplementary report (June 9, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachment 1 to the report (June 8, 2022) 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. Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the supplementary report (June 9, 2022) 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (June 9, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.