Item - 2024.CC18.13

City Council on May 22 and 23, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 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 and B to the report (May 10, 2024) 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 (May 10, 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.

Confidential Attachment 1 and Confidential Appendices A and B to the report (May 10, 2024) 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 and information regarding potential litigation. Confidential Attachment 1 and Confidential Appendices A and B to the report (May 10, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

March 21, 2025

The confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2024) from the City Solicitor were adopted by City Council, and the confidential instructions to staff 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 from McCarthy Tetrault LLP dated May 10, 2024, respecting 8 Dawes Road appended hereto as Confidential Appendix A to the report (May 10, 2024) from the City Solicitor (the "Settlement Offer").

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 proposals generally described in the Settlement Offer and revised plans attached as Confidential Appendix B to the report (May 10, 2024) from the City Solicitor.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part in accordance with the Settlement Offer respecting 8 Dawes Road, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any 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 is to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with other appropriate Divisions;

b. the Owner has, if deemed applicable in the sole and absolute discretion of the Chief Planner and Executive Director, City Planning, at their own expense:

i. provided confirmation of water, sanitary and stormwater capacity (and conformity with the accepted Master Functional Servicing Report respecting Character Area C in Official Plan Amendment 478) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the zoning by-law amendment;

ii. secured the design and the provision of financial securities for any 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;

iii. submitted a wind tunnel study acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and that such matters arising from such study, be secured if required;

iv. submitted a revised Transportation Impact Study, and a Parking and Loading Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such studies, be secured if required;

v. submitted a revised Landscape Plan which includes a notation that a volume of 30 cubic metres of soil will be provided for each tree, with utilities shown to Quality Level A (QL-A), and provides any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks and Recreation and that such matters arising from such study, be secured if required;

vi. submitted an Environmental Noise and Vibration Report, and the peer review of the submitted Environmental Noise and Vibration Assessment Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vii. submitted a Rail Safety Report and the peer review of the submitted Rail Safety Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council allow the Settlement Offer respecting 8 Dawes Road to each provide twelve (12) affordable rental housing units as part of each respective development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the provision of the affordable rental units shall be provided at affordable rents in accordance with the City’s Official Plan definitions and on such other terms and conditions as are deemed appropriate by the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. Marlin Spring (the "Owner") shall design, construct, finish, provide and maintain twelve (12) affordable rental units on the Site, with a unit mix reflecting the development:

i. the affordable rental units shall be provided in contiguous groups of at least six (6) rental dwelling units;

ii. the minimum unit size of the affordable rental units will be no less than the minimum unit sizes of all market units, by unit type, in each phase of the proposed development;

iii. the general configuration, location, and layout of the affordable rental units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iv. the units shall include ensuite laundry and air conditioning in each affordable rental unit at no additional cost to tenants;

c. the Owner shall provide and maintain the affordable rental units as rental dwelling units with affordable rents for a minimum of 40 years, beginning with the date each such unit is first occupied; no affordable unit shall be registered as a condominium or any other form of ownership, such as life lease or co-ownership, which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental unit shall be made for at least 40 years from the date of first occupancy; upon the expiration of the 40 year period, the owner shall continue to provide and maintain the affordable rental units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

d. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place, unless otherwise agreed to by the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and at least six (6) months in advance of any affordable rental unit being made available for rent, each owner shall develop and implement an Access Plan which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

e. each Owner shall provide all tenants of the affordable rental units with access to, and use of, all indoor and outdoor amenities in the development, on the same terms and conditions as any other resident of the development without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

f. each Owner shall provide and make available for rent to the residents of the affordable rental units vehicle parking spaces on the same terms and conditions as any other resident of the development; and

g. each Owner shall provide residents of the affordable rental units with access to bicycle and visitor vehicle parking on the same terms and conditions as any other resident of the development.

5. City Council attribute a value to each in-kind contribution set out in Part 4 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law) of the development as defined in the Settlement Offer, as determined the day before the building permit is issued in respect of each respective development and direct staff to advise each Owner of such valuation.

6. City Council authorize the Chief Planner and Executive Director, City Planning to enter into agreements pursuant to subsection 37(7.1) of the Planning Act to address the provision of the in-kind contributions identified in Part 5 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreements to be registered on title to each respective site, which shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

7. City Council authorize and direct appropriate City officials to take the necessary action to give effect to City Council’s decision.

Confidential Appendices A and B to the report (May 10, 2024) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 10, 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 and information regarding potential litigation. The balance of Confidential Attachment 1 to the report (May 10, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.