Item - 2024.CC14.10

City Council on February 6 and 7, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2024) 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 to the report (January 26, 2024) from the City Solicitor, as amended by motion 1 by Councillor Parthi Kandavel, and Confidential Appendices A and B to the report (January 26, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2024) from the City Solicitor were adopted as amended by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated January 26, 2024, set out in Confidential Appendices A and B to the report (January 26, 2024) 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 direct the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, the General Manager, Parks Forestry and Recreation on Part 2.b. below, and the Executive Director, Housing Secretariat on Part 2.c. below, to continue discussions on Community Benefit Charge contributions, and to report back on the outcome of any proposed agreement with the Owner for:

a. the design and installation of public art on the Site, in consultation with the City and Toronto Public Art Committee and to a total value (including design and administrative costs) of up to $2 Million of the Community Benefit Charge contribution toward Public Art under the Percent for Public Art Program;

b. the design and delivery of a community recreation centre, of a size determined through discussions with City staff and through a review of the City’s Terms of Reference together with resolution of appropriate terms for cost sharing/facilities management; and

c. 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 that may include the conveyance of Block A-2 to the City, at the City’s election to be made by July 31, 2024, for the construction of affordable housing.

3. Prior to the issuance of the earlier of the first above grade building permit for Blocks B, C and G, City Council accept an on-site parkland dedication pursuant to section 42 of the Planning Act having a minimum size of 13,420 square metre square metres, in the location generally as shown in Confidential Appendix B to the report (January 26, 2024) 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.
 

4. 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; and

b. to accept completion of the Parkland in Part 3 above with an understanding that there may be reasonable extensions granted as determined by the General Manager, Parks, Forestry and Recreation.

5. 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 3 above has been conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor.

6. 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.

7. 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 Amendment(s), including phasing as it relates to the construction of a new GO Station on Block "E" and all ancillary spaces and uses within the first phase of development, and Zoning By-law Amendment(s) are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has provided Site and Area Specific Policies for inclusion in the above Official Plan Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including policies on issues such as urban structure, land use, density, transportation network (including public streets and right-of-way widths, pedestrian and cycling network), parkland, public realm, built form, housing, community services and facilities, implementation, together with any associated maps and schedules;
 

c. in the event that the City has exercised its option to acquire Block A2 or to fund a community centre use on Block F, the Owner has entered into an In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act to secure any in-kind contribution referenced in Part 2 above;

d. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

e. the Owner has provided a Public Street 'C' Interim Block Context Plan in coordination with the Owners of 375 Kennedy Rd. and 399 Kennedy Rd., which includes existing and proposed grading information, to demonstrate acceptable alignment and grading conditions for Public Street 'C' in relation to 399 Kennedy Rd., to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

f. the Owner has submitted a revised Functional Servicing and Stormwater Management Report and a Hydrogeological Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services, or it has been determined that a holding provision applicable to particular lands is otherwise required in the Zoning By-law amendment(s);

g. the Owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

h. the Owner has addressed all outstanding issues raised by Development Engineering, Solid Waste Management and Transportation Services in the Engineering and Construction Services Memorandum dated July 25, 2023, as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services;

i. the Owner has submitted a revised draft plan of subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the General Manager, Parks, Forestry and Recreation;

j. the Owner has submitted a Wind Tunnel Study of Pedestrian Level Wind Conditions for the proposed development, and agreed to implementation of mitigation measures identified in such study, satisfactory to the Chief Planner and Executive Director, City Planning; and

k. the Owner has provided a final form of a Phasing Plan on the Development Site 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, and the Chief Engineer and Executive Director, Engineering and Construction Services.

8. 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 (January 26, 2024) 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 (January 26, 2024) 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 (January 26, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.