Item - 2023.CC11.16

City Council on October 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 28, 2023) 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 report (September 28, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 28, 2023) 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 (September 28, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated September 8, 2023 set out in Confidential Appendices A and B to the report (September 28, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the appeal until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan amendment and draft Zoning By-law amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. if there are any affected rental housing units and/or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;

c. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable;

d. the owner has submitted a revised pedestrian level wind study, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template;

f. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that such matters arising from such study be secured if required;

g. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated January 5, 2022 to the satisfaction of the General Manager, Transportation Services; and

h. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated January 5, 2022 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

3. City Council require the owner to provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a publicly accessible pedestrian access easement over the forecourt adjacent to Marlee Avenue with an approximate area of 358.87 square metres, as generally shown on the Level 1 and 2 Floor Plans by Kirkor Architects dated July 20, 2023 found in Confidential Appendix B to the report (September 28, 2023) from the City Solicitor, prior to Site Plan Approval; the specific size, location, configuration and design of the forecourt shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Owner shall own, operate, maintain and repair the forecourt, all at the Owner's own expense.

4. City Council require the owner to continue to have further discussions with City Housing staff regarding the potential for an affordable housing program on the site, whether as an in-kind contribution in accordance with the City’s Community Benefits Charge By-law, or otherwise secured to the satisfaction of the City.

5. City Council require the owner to work with City Parks, Forestry and Recreation staff to identify a suitable off-site parkland dedication to be conveyed to the City to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6. If the owner acquires an off-site parkland dedication satisfactory to the General Manager, Parks, Forestry and Recreation, the parkland dedication is to be conveyed according to the following conditions, with any remaining balance pursuant to Section 42 of the Planning Act to be provided as a cash-in-lieu payment to the City:

a. the off-site parkland dedication shall be conveyed to the City prior to the

issuance of the first above-grade building permit, subject to the conveyance being 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 and the City Solicitor;

b. should the off-site dedication be unable to be conveyed prior to the issuance of the first above-grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the owner shall post Financial Security in the form of a Letter of Credit in the value of the cash-in-lieu, to be released upon conveyance of the off-site dedication, which is required prior to condominium registration for the development or (2) years after the issuance of the first above grade building permit, whichever is earlier; and

c. for the purposes of determining whether any remaining cash-in-lieu is payable:

i. the total value of the off-site parkland dedication would include the purchase, real estate commissions of five percent (5 percent), land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

ii. the total value of the off-site parkland dedication based on the items outlined above are subject to indexing based on the Construction Price Index between the date the parkland is conveyed to the City and the issuance of the first Above-Grade Building Permit for the development.

7. Should the parkland dedication requirement not be able to be satisfied through a suitable off-site parkland dedication, the owner is required to satisfy the parkland dedication requirement through cash-in-lieu, with payment to be made prior to the issuance of the first above-ground building permit for the land to be developed.

8. City Council require the owner to work with staff during the Site Plan Approval process on the appropriate location of the exhaust shaft and transformer.

9. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (September 28, 2023) 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 (September 28, 2023) 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 (September 28, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.