Item - 2023.CC5.29

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll.

2. City Council adopt the recommendations in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor.

3. 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 (March 17, 2023) from the City Solicitor.

4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (March 9, 2023) from the City Solicitor, if adopted by City Council.

5. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

6. City Council direct that the balance of Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor remains confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll, and the confidential instructions to staff in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor were adopted by City Council are now public as follows:

1. City Council accept the without prejudice offer to settle dated March 15, 2023 set out in Confidential Appendix A to the report (March 17, 2023) from the City Solicitor, together with the revised plans set out in Confidential Appendix B to the report (March 17, 2023) from the City Solicitor, and the Supplementary Settlement Offer set out in Confidential Appendix C to the report (March 9, 2023) from the City Solicitor (together, the "Settlement Offer"), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council consent to the application to alter the designated property at 3377 Bayview Avenue (the "Designated Property") once Council states its intention to designate, with conditions, under Part IV, Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with the revised plans at Confidential Appendix B to the report (March 17, 2023) from the City Solicitor, the Heritage Impact Assessment prepared by ASI, dated June 2021, and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023, (both on file with the Clerk) all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. City Council consent to the application to alter the designated property at 3377 Bayview Avenue (the "Designated Property") once Council states its intention to designate, with conditions, under Part IV, Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with the plans and drawings dated January 13, 2023, prepared by KPMB Architects in Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, the Heritage Impact Assessment prepared by ASI, dated June 2021 (on file with the Senior Manager, Heritage Planning, Urban Design, City Planning) and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023, in Confidential Appendix B to the report (March 9, 2023) from the City Solicitor, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

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

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

b. the Owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water addressing the comments as contained within the Engineering and Construction Services memorandum dated February 13, 2023;

c. the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report, 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;

d. the Owner has at its sole expense provided a revised Traffic Impact Study, including Travel Demand Management Measures satisfactory to the General Manager and Chief Engineer, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

e. the Owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to the infrastructure to support this development;

f. the Owner has obtained Draft Plan of Subdivision approval from the Chief Planner and Executive Director, City Planning;

g. the Owner has entered into a Municipal Housing Facility Agreement, as part of the City's Open Door Affordable Housing Program, to secure the 205 affordable housing units;

h. the Owner has paid any outstanding planning application fees to the City Planning Division, to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the Owner has entered into a Heritage Easement Agreement with the City for the Designated Property substantially in accordance with the Heritage Impact Assessment prepared by ASI, dated June 2021, and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023 and in accordance with the Conservation Plan required in Part 4.j. below to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor;

j. the Owner has provided 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 the Designated Property prepared by ASI, dated June 2021 and the Heritage Impact Assessment Supplement, prepared by ASI, dated January 2023, to the satisfaction of the Senior Manager, Heritage Planning; and

k. the Owner has entered into the In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 13 below.

5. City Council direct that its consent to the application to alter the Designated Property under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions:

a. that prior to final Site Pan Approval for the subject lands the Owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 4.j. above to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and

4. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

b. that prior to the issuance of any permit for all or any part of the Designated Property, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the Owner shall:

1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 4.j. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan; and

3. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8 inches x 10 inches colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

c. that prior to the release of the Letter of Credit required in Part 5.b.2. above, the Owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

6. City Council direct that its consent to the application to alter the Designated Property under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions:

a. that prior to any Ontario Land Tribunal Final Order issued in connection with the Official Plan Amendment and Zoning By-law Amendment appeal related to the Designated Property, the Owner shall:

1. enter into a Heritage Easement Agreement with the City for the Designated Property substantially in accordance with Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, the Heritage Impact Assessment prepared by ASI, dated June 2021, and Confidential Appendix B to the report (March 9, 2023) from the City Solicitor, and in accordance with the Conservation Plan required in Part 6.a.2. below to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and

2. 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 the Designated Property prepared by ASI, dated June 2021 and Confidential Appendix to the report (March 9, 2023) from the City Solicitor, to the satisfaction of the Senior Manager, Heritage Planning.

b. that prior to final Site Plan Approval for the subject lands the Owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 6.a.2. above to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and

4. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

c. that prior to the issuance of any permit for all or any part of the Designated Property, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the Owner shall:

1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 6.a.2. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan; and

3. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8 inches x 10 inches colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

d. that prior to the release of the Letter of Credit required in Part 6.c.2. above, the Owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

7. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the Owner of the Designated Property in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the Designated Property.

9. City Council approve that in accordance with Section 42 of the Planning Act, the Owner shall convey to the City an on-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, according to the following schedule:

a. prior to the issuance of the first building permit for Phase 1, the Owner shall convey at least 3,100 square metres of on-site parkland dedication, in the central portion of the site, with frontage on Bayview Avenue;

b. prior to the issuance of first building permit for Phase 2, the Owner shall convey the remainder of the parkland dedication in the central portion of the site, which is at least 1,430 square metres; and

c. prior to the first building permit for Phase 3, the Owner shall convey the parkland dedication in the Southwest corner of the site, that fronts onto Bayview Avenue and the new public road, and that has minimum 2,080 square metres.

10. City Council approve the acceptance of on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance 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.

11. 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.

12. City Council require the owner to submit a phasing plan, in a form 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, and the City Solicitor; and City Council require that phasing regulations be provided in the final form of the Zoning By-law Amendment, if deemed necessary by the Chief Planner and Executive Director, City Planning and the City Solicitor; and City Council require that any appropriate agreement(s) be entered into to provide for the orderly development of the lands, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

13. City Council allow the owner of 3377 Bayview (the "Site") to construct and provide 34 (34) affordable housing rental dwelling units (the "affordable units") as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms: 

a. the provision of the affordable units shall be provided in accordance with the terms and conditions set out in this Part and on such other terms and conditions as are deemed appropriate by the Chief Planner, and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor;

b. the owner shall provide and maintain the affordable units as follows:

i. the affordable units shall be provided in conjunction with each phase of construction. Seventeen (17) of the units are to be provided in Phase 1 with the following seventeen (17) to be provided as follows: a minimum of 6 affordable units in Phase 2, a minimum of 6 affordable units in Phase 3 and any remaining affordable units in Phase 4;

ii. the affordable units shall be in contiguous groups of at least 6 dwelling units;

iii. the unit mix of the affordable units per phase shall be generally be as follows: 7 percent studio, 69 percent 1­bedroom; 19 percent 2-bedroom; 5 percent 3-bedroom;

iv. the average size or residential Gross Floor Area of the affordable units will be no less than the average size of market units in the proposed development;

v. tenants of the thirty four (34) affordable units shall be provided with access to, and use of all indoor and outdoor amenities in the development at no extra charge; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre­book or pay a fee, unless specifically required as a customary practice for private bookings;

vi. all affordable units will be provided with ensuite laundry facilities at no extra charge;

vii. tenants of the affordable units will be provided with access to permanent and visitor bicycle parking/bicycle lockers in accordance with the Zoning By-law and on the same basis as other units within the development; and

viii. the general configuration and layout of the affordable units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

c. the Owner shall provide and maintain the affordable units as rental dwelling units for a minimum of 99 years, beginning with the date each such unit is first occupied; no affordable unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable unit shall be made for at least 99 years from the date of first occupancy; upon the expiration of the 99 year period, the owner shall continue to provide and maintain the affordable units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

d. the Owner shall provide and maintain the affordable units, at no more than one hundred percent of average market rent for a minimum of 99 years, beginning with the date each such unit is first occupied; and

e. the Owner shall provide and maintain the affordable units at affordable rents for at least 99 years, beginning with the date that each such unit is first occupied; during the first 99 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

14. City Council attribute a value to the in-kind contribution set out in Part 13 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the Owner of such valuation.

15. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 13 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the 3377 Bayview Lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

16. 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 (March 17, 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 (March 17, 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 (March 17, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Appendices A, B and C to the report (March 9, 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 (March 9, 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 (March 9, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.