Item - 2023.CC5.31

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.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor at the discretion of the City Solicitor.

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

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 litigation and solicitor-client privilege. Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

May 25, 2023

The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1. City Council accept the Settlement Offer set out in Public Appendix A to the report (March 17, 2023) from the City Solicitor.

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 revised development proposal generally described in the Settlement Offer.

3. City Council accept an on-site parkland dedication (the "On-site Parkland") pursuant to Section 42 of the Planning Act, having a minimum size of 85.35 square metres, generally as shown on Plan A-2.7 in Public Appendix B to the report (March 17, 2023) from the City Solicitor, to be conveyed prior to the issuance of the first Above Grade Building Permit, 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, and such on-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition.

4. City Council accept an off-site parkland dedication (the "Off-site Parkland") pursuant to Section 42 of the Planning Act, having a minimum size of 276.3 square metres, with the exact size, location and configuration of the off-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such off-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition.

5. City Council direct that the Off-site Parkland shall be conveyed to the City prior to the issuance of the first Above Grade Building Permit unless, prior to the issuance of any above-grade building permit(s), including any conditional above-grade building permits, the Owner has:

a. posted Financial Security in the amount of the value of the Off-site Parkland as appraised by the Executive Director, Corporate Real Estate Management in a form satisfactory to the City Solicitor, and such security shall not be released until the Off-site Parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation. From the date the Financial Security is first paid to the City until such time as the Off-site Parkland is conveyed to the City, the Financial Security shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

b. registered, or caused to be registered, in priority, a Section 118 Restriction, pursuant to the Land Titles Act against title to the Off-site Parkland to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor; and provided that in no event shall there by residential occupancy or registration of any condominium on any part of the subject site under the Condominium Act, until such time as the Off-site Parkland has been conveyed to the City.

6. In the event the combination of On-site Parkland and Off-site Parkland referenced in Parts 4 to 5 above is not feasible as determined by the General Manager, Parks, Forestry and Recreation, City Council accept an on-site parkland dedication (the "Alternate On-site Parkland") pursuant to Section 42 of the Planning Act, having a minimum size that meets the full parkland dedication requirement, to be conveyed prior to the issuance of the first Above Grade Building Permit, 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, and such on-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition.

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 Above Base Park Improvements to the Off-site Parkland and On-site Parkland, 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 the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

8. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with other appropriate Divisions, and that they provide for, among other matters:

i. a minimum of 10 percent of all units on the subject site as 3-bedroom units and a minimum of 15 percent of all units on the subject site as 2­bedroom units;

ii. maximum tower height of 19-storeys fronting Bloor Street West that steps down to nine and four-storeys as the building extends south;

iii. no projecting balconies; and

iv. any mitigation measures that will have bearing on the approved building envelope or performance standards, arising from any of the accepted plans and studies listed in Part 8.b. below;

b. the Owner has, at the Owner's expense:

i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water;

ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services;

iii. secured the design and the provision of financial securities for upgrades or required improvements to the existing municipal infrastructure and/or new 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, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

iv. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services;

v. submitted a revised Landscape Plan, including any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation;

vi. submitted a Land Use Compatibility Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning and that such matters arising from such Study be secured if required;

vii. submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and that such matters arising from such study be secured if required; and the Plan shall include:

1. mode share targets intended on shifting travel away from passenger cars and required parking;

2. method(s) by which the target mode share and parking rates will be reached (for example -future implementation of a bike share station, car-share or transit pass program);

3. the level of commitment to implement, enforce and maintain the plan moving forward;

4. expected short-term and long-term outcomes; and

and should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of any building permit, including a conditional building permit, for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, calculated from the date of any Ontario Land Tribunal order, allowing the appeal in whole or in part, until the date of payment.

9. City Council recommend to the Chief Planner and Executive Director, City Planning to secure the following matters at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, as follows:

a. the submission of an Environmental Noise and Vibration Assessment Report acceptable to the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required;

b. the submission of a Transportation Noise and Vibration Feasibility Assessment for peer review, at the at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the submission of a pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Owner's agreement to implement any required recommendations and/or mitigation measures from the accepted Wind Tunnel analysis, Traffic Impact Study, Land Use Compatibility Study, Transportation Noise and Vibration Feasibility Assessment, and Landscape Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the construction and maintenance of the development in accordance with the Tier 1 or higher performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time;

f. the owner's agreement to include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. the owner's agreement that prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Ward Councillor and thereafter shall 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 laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning

10. City Council authorize the City Solicitor to take such necessary steps to implement City Council's decision.

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 litigation and 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.