Item - 2024.CC18.14

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, as amended by Motion 1a by Councillor Frances Nunziata.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2024) from the City Solicitor, as amended by Motion 1a by Councillor Frances Nunziata, and Confidential Appendices A and B to the report (May 10, 2024) from 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.

4. City Council request the Mayor to consider allocating any Community Benefits Charge funds collected from these developments to public realm improvements or recreational facilities within Ward 5,  York South-Weston, through the annual budget process, immediately following the payment of funds to the City.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2024) from the City Solicitor, as amended by Motion 1a by Councillor Frances Nunziata, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle the Official Plan Amendment and Zoning By-Law Amendment applications for both 5-15 Denarda and 2-16 Denarda, dated May 7, 2024, and set out in Confidential Appendix A to the report (May 10, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the conditions below:

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

b. in accordance with Section 42 of the Planning Act and prior to first above-grade building permit, the Owner shall satisfy the full parkland dedication requirement for both development sites through cash-in-lieu; as per Toronto Municipal Code Chapter 415-29, the appraisal of the cash-in-lieu will be determined under the direction of the Executive Director, Corporate Real Estate Management;

c. the Owner has submitted an acceptable Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and associated plans to the City for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision be included in the final form of the site-specific Zoning By-law Amendments, as the case may be, not to be lifted until such time as the Owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or in the alternative, prior to the issuance of a final order, the Owner has entered into an agreement or agreements or otherwise secured for the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Owner has submitted revised drawings showing compliance with the parking space and drive aisle dimensional requirements of Section 200.5.1.10(2) of Zoning By-law 569-2013, to the satisfaction of the General Manager, Transportation Services;

f. the Chief Planner and Executive Director, City Planning, has approved the Rental Housing Demolition applications (23 177010 WET 05 RH and 23 177051 WET 05 RH) under Chapter 667 Residential Rental Property Demolition and Conversion Control of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental units on the sites, 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;

g. the Owner has provided an updated Pedestrian Level Wind Study, including Wind Tunnel testing, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the Owner meets the Toronto Green Standard Tier 1 requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the Owner has addressed all outstanding issues raised by Metrolinx noted in correspondence dated September 1, 2023, including the need for a technical review, and has made required revisions to the satisfaction of the Manager, Technical Review, Metrolinx;

j. the Owner has submitted a revised Energy Strategy Report to the satisfaction of the Environment and Energy Division;

k. the submitted Noise and Vibration Impact Study, Rail Safety Report, and Compatibility/Migration Study have been peer-reviewed by a third-party consultant retained by the City at the Owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, as part of the Zoning By-law Amendment application; and

l. the Owner has submitted an Application to Injure or Remove Trees and received a permit in accordance with the requirements outlined in Toronto Municipal Code Chapter 813, Article II.

2. City Council request the Owner to make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication(s), in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation, and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit and;

a. in the event that the Owner is unable to provide an acceptable off-site parkland dedication to the City or come to an agreement with the City on the value of any off-site dedication as it may apply to the fulfillment of its parkland obligations pursuant to Section 42 of the Planning Act, the Owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu;

b. in the event that the Owner conveys off-site parkland to the City equal to the value of the on-site parkland dedication requirement for only one of the development sites, the Owner will be required to satisfy the parkland dedication requirement for the other development site through payment of cash-in-lieu; and

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

3. 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 (May 10, 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 (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. 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.