Item - 2023.CC13.19

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Parthi Kandavel.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C and D to the report (December 1, 2023) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff attached to Motion 1 by Councillor Parthi Kandavel, at the discretion of the City Solicitor.

4. City Council direct that the balance of Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

January 22, 2024

The confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Parthi Kandavel, were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public with the correction of two technical errors in Parts 9.c.iv. and vi., as follows:

1. City Council continue to oppose the With Prejudice on-the-record Revised Proposal submitted on October 10, 2023, for the lands municipally known as 1891 Eglinton Avenue East (the "Development Site") and City Council direct the City Solicitor to attend at the Ontario Land Tribunal to continue to oppose the further Revised Proposal.

2. City Council accept the Without Prejudice Settlement Offer for the Development Site subject to Parts 3 to 13 below and subject to the Owner agreeing to the following modifications to the Without Prejudice Settlement Offer in writing by December 20, 2023, or such date as may be agreed to by the City Solicitor:

a. Page 3 of Confidential Appendix A to the report (December 1, 2023) from the City Solicitor is amended to reflect either that: (1) the Owner agrees that a case management conference (not a hearing on a merits) for the Future Development Area will not occur any earlier than April 30 2025, unless otherwise consented to in writing by the City Solicitor; or (2) the "Future Development Area" would not be left in abeyance before the Ontario Land Tribunal, the existing Zoning By-law Amendment appeal before the Tribunal would be disposed of in its entirety based on this settlement as shown in Confidential Appendix B to the report (December 1, 2023) from the City Solicitor only and a new Zoning By-law Amendment application would be required to be submitted to the City for the "Future Development Area";

b. Page 3 of Confidential Appendix A to the report (December 1, 2023) from the City Solicitor, the entire bullet respecting Parkland is deleted and replaced with Parts 4 to 7 below;

c. Confidential Appendix B to the report (December 1, 2023) from the City Solicitor is updated to reflect the mix of bedroom types to align with the Golden Mile Secondary Plan and, in particular: (1) a minimum of 10 percent 3-bedroom or 4-bedroom dwelling units or larger; and (2) a minimum of 25 percent two-bedroom dwelling units or larger, for a combined total of a minimum of 35 percent of larger dwelling units in the development;

d. Confidential Appendix C to the report (December 1, 2023) from the City Solicitor is replaced with Confidential Appendix D to the report (December 1, 2023) from the City Solicitor, subject to any modifications satisfactory to the Chief Planner and Executive Director, City Planning and which shall remain subject to Part 10 below; and

e. the Owner commits in writing to create convertible dwelling unit(s) which could be offered for sale as 4-bedroom units to determine if there is interest in the community for such dwelling units.

3. City Council authorize the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the City Solicitor and the Chief Building Official and Executive Director, Toronto Building, in the context of the Zoning By-law Amendment Application to make any such final determinations related to the content, form, timing, phasing, and implementation of any such matters related to the Zoning By-law Amendment, including determinations of where such matters are secured to the satisfaction of the City Solicitor in order to implement the directions in this report.

Parkland Dedication

4. Prior to the issuance of the first above grade building permit for the earlier of building C or D, City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 2,196 square metres, in the location generally as shown on Confidential Appendix B to the report (December 1, 2023) from the City Solicitor to the report from the City Solicitor with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments; and the Owner may propose the exception of encumbrances of tiebacks, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; 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.

5. City Council authorize the General Manager, Parks, Forestry and Recreation:

a. to enter into the City's standard form agreements, with insurance, release and indemnity and associated 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) and in favor of the City, for tieback installations, construction staging and/or crane swings, if deemed appropriate by the General Manager, Parks, Forestry and Recreation, for the future park on 1891 Eglinton Avenue East; and

b. to accept completion of the Parkland in Recommendation 5 above within 3 years after issuance of the first above grade building permit for Building C, with an understanding that there may be reasonable extensions granted as determined by the General Manager, Parks, Forestry and Recreation.

6. City Council require a restriction under Section 118 of the Land Titles Act be registered on the Lands, or as may be scoped to the lands forming the Parkland, until such time as the Parkland specified in Part 5 above has been conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor.

7. 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 the 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.

Community Benefits

8.  City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor with input from the community, to continue discussions, and to report back on the outcome of any proposed agreement with the Owner for:

a. the potential provision of the on-site child care centre on the lands as an in-kind contribution in accordance with the City's Community Benefits Charge By-law; and

b. the potential provision of affordable housing on the lands as an in-kind contribution in accordance with the City's Community Benefits Charge By-law.

Matters Requested to be Secured

9. City Council direct that the Chief Planner and Executive Director, City Planning secured the following matters as part of the Zoning By-law Amendment, Conditions of Subdivision Approval for the Subdivision Agreement, conditions of approval for a site plan application and/or as part of the Site Plan Agreement(s), where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor:

a. the Owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of any Public Art on the Development Site and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history;

b. prior to the issuance of the first above grade building permit for any residential development on each Block where public art is planned, the Owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 9.a. above;

c. the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment, where appropriate, in addition to the following identified matters:

i. a minimum of 1 car-share space per 350 dwelling units;

ii. a detailed design and signage of Dedicated Shared Vehicle Zones on site in proximity to the main building;

iii. a shared mobility hub at the southeast corner of the proposed parkland;

iv. the Owner shall pay to the City, by certified cheque, the sum of Two Hundred and Fifty Thousand Dollars ($250,000.00) in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, for the future implementation of a minimum of five (5) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

v. the Owner shall provide a minimum of 100 bike share annual memberships;

vi. prior to the issuance of any above grade building permit in each Building where bike repair stations are planned for and identified in the Site Plan Control Application satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, Transportation Services, the Owner shall provide a letter of credit in the amount of $1,500 for the provision of each bike repair station per building to a minimum of four (4) bike repair stations for all residential towers subject of the zoning application on the Development Site, and thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

vii. prior to the issuance of any above grade building permit for each building, the Owner shall provide a letter of credit for $5,000 for the provision of each real-time transportation information screen for each building, up to four (4) real-time transportation information screens for the residential towers in the zoning and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

viii. the Owner shall provide a financial contribution  satisfactory to the General Manager, Transportation Services for the future Victoria Park Avenue or Warden Avenue Transit Study, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the approval of the Zoning By-law Amendment to the date of payment, as secured in the Conditions of Approval for the Draft Plan of Subdivision; and

ix. prior to the issuance of the first above grade building permit on the lands, the Owner shall provide a financial contribution to the City in an amount satisfactory to the General Manager, Transportation Services for a future Golden Mile Transportation Monitoring Study, as secured in the Conditions of Approval for the Draft Plan of Subdivision;

d. the Owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning;

e. a privately owned publicly accessible open spaces adjacent to the intersection at Eglinton Avenue East and Pharmacy Avenue, whereby as a pre-approval condition to Site Plan Approval for Building A and/or Building B, the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

f. the provision of surface public pedestrian access easements to provide access from Eglinton Avenue East through to proposed centralized landscape open space  the public park to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the surface pedestrian easement(s) to be determined in the context of a Site Plan Approval; the Owner shall own, operate, maintain and repair the public pedestrian easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public pedestrian easement at certain times of the day and night, and the Owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval(s) pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement(s) with the City;

g. prior to the issuance of Site Plan Approval for any part of the Development Site, the Owner shall provide a design brief, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the Owner will construct and maintain the Development 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 Development Site;

i. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, 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, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

j. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the Owner and any such implementation measures secured in the appropriate agreements;

k. the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies Toronto District School Board, and Toronto District Catholic School Board, based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor;

l. as part of the first site plan application and prior to any site plan approval on any part of the site, the Owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry; and

m.  as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the Owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry.

Conditions to Ontario Land Tribunal Order

10. In the event that the Ontario Land Tribunal allows the appeal in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer.

11. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until:

a. the City Solicitor advises that 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; and

b. 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. has secured the design and the provision of 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. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required; and

iv. provided a final form of a Phasing Plan on the Development Site be provided to the City in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services.

12. Prior to attending the Ontario Land Tribunal, City Council direct that the Owner shall:

a. make a complete resubmission of the Official Plan Amendment and Zoning By-law Amendment applications through the Toronto Building Division to update all plans, drawings and reports to reflect and implement the Settlement Offer as accepted by City Council; and

b. provide an updated Phasing Plan for the development subject of the settlement offer satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services.

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

Confidential Appendices A and B to the report (December 1, 2023) from the City Solicitor and Attachment 1 to Motion 1 by Councillor Parthi Kandavel are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendices C and D to the report (December 1, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation before the Ontario Land Tribunal and contain advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendices C and D to the report (December 1, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.