Item - 2023.DM10.1

City Council on September 6, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (September 5, 2023) from the City Solicitor.
 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (September 5, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (September 5, 2023) from the City Solicitor and Confidential Attachment 1 to the report (July 5, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (September 5, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the Updated Settlement Offer dated June 30, 2023, as supplemented by the Addendum to the Settlement Offer letter dated September 1, 2023, set out in Public Attachment 1 to the report (September 5, 2023) from the City Solicitor and Public Attachment 1 to the report (July 5, 2023) from City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Updated Settlement Offer and Addendum and Revised Plans.

2. 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 Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the final form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

c. the owner has provided a revised Functional Servicing Report to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has provided a revised Parking Study, a revised Loading Study, a revised Traffic Operations Assessment, and a revised Transportation Impact Study, to be reviewed to the satisfaction of the General Manager, Transportation Services;

e. the owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-law(s) and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner has provided an acceptable Land Use Compatibility Study, Noise Impact Study, and Vibration Study, such reports to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, with recommendations to be implemented as part of the amending Official Plan policies and Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

h. the owner has provided a revised Tree Preservation Plan and a revised Landscape Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

i. the owner has made satisfactory arrangements and has entered into an appropriate agreement(s), such agreement(s) to be entered into prior to Site Plan approval, to secure the following matters to support the development as follows:

1.  the owner shall continue to provide and maintain the existing 399 rental units at 11 Catford Road and 20 Broadoaks Drive as rental housing for a period of at least 20 years commencing from the date the Official Plan and Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

2. the owner shall undertake improvements to the existing rental buildings at 11 Catford Road and 20 Broadoaks Drive at its sole expense and at no cost to tenants, to the satisfaction of the Chief Planner, including: storage lockers and bicycle storage for use by tenants of the existing rental buildings within the existing rental buildings; accessibility and interior improvements to the existing rental buildings; private outdoor amenity area for the existing rental buildings; access to a component of the indoor amenities in the proposed new building for tenants of the existing rental buildings; lobby and interior ground floor improvements; and improved screened garbage/recycling collection areas associated with the existing buildings.

3. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council direct that the full on-site parkland dedication required pursuant to Section 42 of the Planning Act be provided on-site, and be conveyed and constructed to base park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, and the owner elects to design and construct Above Base Park Improvements, City Council approve a Development Charges 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, and the Development Charges credit shall be in an amount that is the lesser of the cost to the owner for 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.

5. In the event that the Ontario Land tribunal allows the appeals, in whole or in part, City Council require the owner to:

a. host future consultation meetings with tenants to discuss improvements to the existing rental buildings and site at 11 Catford Road and 20 Broadoaks Drive at no cost to tenants or the City and in consultation with City Planning and the Ward Councillor and prior to Notice of Approval Conditions for Site Plan Control approval for the development;

b. submit a Public Consultation Report prior to Notice of Approval Conditions for Site Plan Control approval for the development. The Public Consultation Report shall detail the comments received by community members and substantiate the detailed design and delivery of improvements to the existing rental buildings and site at 11 Catford Road and 20 Broadoaks Drive; and

c. develop a Construction Mitigation and Tenant Communication Plan prior to Notice of Approval Conditions for Site Plan Control approval for the development to mitigate the impacts of construction of the development on tenants of the existing rental buildings, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

The balance of Confidential Attachment 1 to the supplementary report (September 5, 2023) from the City Solicitor and Confidential 1 to the report (July 5, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.

The balance of Confidential Attachment 1 to the supplementary report (September 5, 2023) from the City Solicitor and Confidential Attachment 1 to the report (July 5, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.