Item - 2022.TE34.7

That City Council adopt the following recommendation in the supplementary report (July 7, 2022) from the City Solicitor [TE34.7a]:

1.  City Council direct that Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client and litigation privilege and relates to ongoing litigation against the City.

That City Council adopt the recommendations in the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, amended to read as follows:

1. City Council amend the Official Plan, for the lands at 95 St. Joseph Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No.5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 438-86, for the lands at 95 St. Joseph Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement and the Heritage Easement Agreement is/are executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

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

i. the owner shall make a cash contribution in the amount of $6,500,000.00, prior to the issuance of the first above grade building permit, to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

A. $1,300,000.00 for capital improvements for new or existing affordable housing; and

B. $5,200,000.00 towards streetscape improvements, affordable housing and/or community services;

which contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date City Council adopts the Zoning By-law Amendment to the date the payment is made; and

in the event the cash contribution referred to in Recommendations 4a)i.A. and B. 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 the Official Plan and will benefit the community in the vicinity of the lands.

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

i. that the owner enter into a Heritage Easement Agreement with the City for the property at 95 St. Joseph Street in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc., and on file with the Senior Manager, Heritage Planning,, the Heritage Impact Assessment prepared by ERA Architects Inc., dated March 10, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.ii. to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor.

ii. that the owner provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 95 St. Joseph Street prepared by ERA Architects Inc., dated March 10, 2022, to the satisfaction of the Senior Manager, Heritage Planning.

iii. that prior to Site Plan Approval, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

iv. that the owner will 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. The Owner shall construct and maintain the development in accordance with Tier 1.

5. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.

6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990,c. P.13, that the owner, may be permitted to apply to amend the site specific zoning bylaw for the lands at 95 St Joseph Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

7. City Council determine that the amendments made to the proposed zoning bylaw are minor in nature, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed zoning bylaw.

That:

1.  The Item be forwarded to City Council without recommendation; and

2.  Request the City Solicitor to provide a confidential report directly to City Council setting out the likely outcome of an appeal to the Ontario Land Tribunal should this application be refused by the City and appealed by the applicant and include reference to the following matters: 1) refusal of alterations to the heritage building; 2) refusal to grant permission to build residential in an institutional zone; 3) refusal to grant the height and setbacks set out in the report; and 4) planning evidence required to defend a refusal request.