Item - 2024.CC16.5

City Council on March 20 and 21, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Paula Fletcher. 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Paula Fletcher.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Paula Fletcher, were adopted by City Council and are now public, as follows:

1. City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the application as depicted in Public Attachment 1 to the report (March 4, 2024) from the City Solicitor, provided that the applicant has made arrangements satisfactory to the City Solicitor, such as entering into minutes of settlement or entering other agreements with the City or other parties to the Ontario Land Tribunal appeal, to secure the following:

a. the applicant, in coordination with the City, will undertake best efforts through the site plan approval process to relocate the transformer currently located at the north east corner of the site to a location acceptable to the Chief Planner and Executive Director, City Planning; and

b. the applicant will conserve all trees on neighbouring properties, undertake best efforts to retain as many on-site trees as feasible, and plant additional trees to enhance privacy for adjacent properties.

2.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment appeal until such time as the Tribunal has been advised by the City Solicitor that:

a. the draft Zoning By-law and Official Plan Amendments implementing the Settlement Offer are finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the applicant has provided updated reports confirming adequate water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. the owner has resolved transportation-related matters including streetscape and curb extension provisions, site loading and access, as well as matters related to functional servicing and stormwater management, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. in the event that the updated reports referred to above identify required upgrades to servicing or functional items above, the owner shall enter into agreement(s) for the construction of any such improvements to such services, as required, at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted a Revised Heritage Impact Assessment that includes a conservation strategy for the on-site significant heritage resource, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

f. the owner has entered into a Heritage Easement Agreement with the City for the property at 415 Broadview Avenue, substantially in accordance with plans and drawings prepared by RAW Design Inc. and dated January 17, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects dated January 17, 2024, subject to and in accordance with the approved Plan required in Part 2.g. below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor;

g. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 415 Broadview Avenue, prepared by ERA Architects dated January 17, 2024, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

h. the owner has submitted an application and gained approval in writing under Section 33 and Section 34 of the Ontario Heritage Act for the proposed alterations and partial demolition of the heritage property at 415 Broadview Avenue;

i. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

j. the owner has resolved all outstanding matters identified in the Memorandum prepared by Engineering and Construction Services, dated June 30, 2022.

3.  City Council direct the Chief Planner and Executive Director, City Planning in consultation with the local Ward Councillor and the City Solicitor to continue discussions with the applicant to explore the delivery of affordable units within the development, including as an in-kind community benefit pursuant to section 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

4.  City Council direct that the parkland dedication requirement shall be satisfied through a cash-in-lieu payment pursuant to section 42 of the Planning Act and will be appraised through Corporate Real Estate Management.

5. City Council recommend the applicant, in consultation with the Ward Councillor, commit to the following measures in addition to the implementation of the standard City of Toronto 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, and the Chief Engineer and Executive Director, Engineering and Construction Services, including but not limited to the following:

a. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Associations, to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;

b. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;

c. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;

d. ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;

e. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;

f. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;

g. post a 24/7 contact number for the site superintendent on the construction hoarding;

h. create a publicly accessible website with regular construction updates and post the website address on the subject site; and

i. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost, in collaboration with the Steps Initiative and to the satisfaction of the Ward Councillor.

6. City Council direct the General Manager, Transportation Services to report to Toronto and East York Community Council to reconfigure the portion of Simpson Avenue adjacent to the subject site to allow two-way traffic. 

7.  City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (March 4, 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 (March 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.