Item - 2024.CC16.7

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 8, 2024) from the City Solicitor.

2. 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 8, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 8, 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.

4. City Council request the Mayor to allocate a portion of the Community Benefits Charges collected from the development at 1779 - 1787 Bayview Avenue, as part of the 2025 Budget, to improvements to Howard Talbot Park, including baseball field netting and lighting systems, in consultation with the local Councillor. 

5. City Council request the Chief Planner and Executive Director, City Planning, to engage in continued consultation with the Leaside Baseball Association regarding construction management through the Site Plan process. 

The confidential instructions to staff in Confidential Attachment 1 to the report (March 8, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the settlement offer attached as Confidential Appendix A (the "Settlement Offer") to the report (March 8, 2024) from the City Solicitor, and substantially in accordance with Confidential Appendices B and C (the "Revised Plans") to the report (March 8, 2024) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1779-1787 Bayview Avenue (the "Lands"), and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 5 below.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until having been advised by the City Solicitor that:

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

b. the Owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated December 13, 2023, or as may be updated, all to the satisfaction of the Chief Engineer, Executive Director, Engineering and Construction Services;

c. the Owner has satisfactorily addressed Transportation Services matters in the Transportation Services memo dated July 31, 2023 (as updated), or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has submitted a revised Transportation Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that matters arising from such Plan be secured to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, if required;

e. the Owner has satisfactorily addressed matters from the Parks, Forestry and Recreation memorandum dated November 28, 2023, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of the General Manager, Parks, Forestry and Recreation;

f. the Owner has submitted a Subsurface Investigation for the possible presence of methane gas on the property and any required mitigation measures are to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the Owner has satisfactorily addressed matters from the Urban Forestry memorandum dated December 16, 2022, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of General Manager, Parks, Forestry and Recreation;

h. the Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the Owner provides the City with confirmation that the Metrolinx Technical Reviews have been completed, as determined in consultation with Metrolinx;

j. the Owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents, to the satisfaction of the Chief Planner and Executive Director, City Planning;

k. the Owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the Lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

l. City Council has approved the Rental Housing Demolition Application 22 224403 NNY 15 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 which allows for the demolition of the ten (10) existing rental dwelling units at 1779-1787 Bayview Avenue, and the Owner has entered into, and registered on title to the Lands, one or more agreements with the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision.

3. City Council consent to the demolition of the designated heritage building at 1783-1785 Bayview Avenue, in accordance with section 34 of the Ontario Heritage Act, subject to the incorporation of the front (westerly) façade of such building into the new residential building at its southwest corner, as reflected in the Revised Plans and as described in the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 16, 2024, all subject to and in accordance with a Commemoration Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following further conditions:

a. prior to issuance of a final Ontario Land Tribunal Order in connection with the appeal of the Zoning By-law Amendment application for the Lands, the Owner shall:

i. inter into a Heritage Easement Agreement with the City for the property at 1783-1785 Bayview Avenue, substantially in accordance with the plans and drawings prepared by Arcadis, dated February 16, 2024, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 16, 2024, subject to and in accordance with the approved Conservation Plan required in Part 3.a.ii. below, all to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

ii. provide 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 1783-1785 Bayview Avenue, prepared by GBCA, dated February 16, 2024, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to final Site Plan Approval in connection with the proposed development on the Lands, the Owner shall:

i. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 3.a.ii above to the satisfaction of the Senior Manager, Heritage Planning;

ii. 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;

iii. provide a Heritage Lighting Plan that describes how 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;

iv. provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and

v. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance of any permit for all or any part of the property at 1783-1785 Bayview Avenue, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the Owner shall:

i. btain final approval for the necessary zoning by-law amendments required to permit the proposed development on the Lands substantially in accordance with the Revised Plans;

ii. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan 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;

iii. 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 and Interpretation Plan; and

iv. provide full documentation of the existing heritage property, including two printed sets of archival quality 8 by 10 inch colour photographs with borders in a glossy or semi-gloss finish and one digital set on a CD 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. prior to the release of the Letter of Credit required in Part 3.c.iii. above, the Owner shall:

i. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, 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

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

4. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the Owner of 1783-1785 Bayview Avenue in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

5. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 1783-1785 Bayview Avenue.

6. City Council direct that the Senior Manager, Heritage Planning, prioritize the research and evaluation of the heritage potential of the properties south of 1779-1787 Bayview Avenue on the east side of Bayview Avenue, to and including 1747 - 1749 Bayview Avenue, for inclusion on the City’s Heritage Register and report back to City Council no later than the November 2024 meeting of City Council on this matter.

7. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A, B, and C to the report (March 8, 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 (March 8, 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 8, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.