Item - 2024.CC19.15

City Council on June 26 and 27, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, and Confidential Appendix A to the report (June 11, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 11, 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 (June 11, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated June 11, 2024 set out in Confidential Appendix A to the report (June 11, 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 Settlement Offer and a revised proposal for the Site that is substantially in accordance with the revised plans and landscape plan attached as Attachments 1 and 2 to the Confidential Appendix A to the report (June 11, 2024) from the City Solicitor (the "Settlement Offer"), subject to the Parts below.

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

a. the Official Plan Amendment and Zoning By-law Amendment are in a final form satisfactory to the Chief Planner and Executive Director, City Planning;

b. the Owner has submitted a revised Functional Servicing and Stormwater Management Report, providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required; and

d. the Owner has submitted an updated Pedestrian Level Wind Study (Computational Fluid Dynamics Study and signed Template A) demonstrating there are no uncomfortable or unsafe wind conditions, to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured in the final zoning by-law or through the Site Plan Application process.

4. City Council direct that 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, the Owner shall 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 Ward Councillor to address issues pertaining to construction.

5. City Council request the Chief Planner and Executive Director, City Planning, to consider securing through the site plan approval process a low-carbon energy strategy, as part of the site plan agreement, including the following:
 

a. low carbon building heating and cooling, including:

1. primary building heat and cooling from an electric heat pump system;

2. methane gas combustion systems only for supplemental (peak load) building heat and emergency backup;

3. Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite; and

4. a high energy-efficient building envelope;

b. rainwater capture for irrigation;

c. motion sensor-controlled LED lighting in common areas;

d. fixtures and appliances that are energy efficient in their use of water and energy;

e. installation of outdoor downward lighting;

f. provision of indoor space dedicated for household hazardous waste;

g. installation of bird friendly glass for the first 16 metre in height of exterior glazing;

h. 10 additional electric vehicle stalls beyond the 20 percent requirement;

i. ample electric outlets for bicycle charging in the interior bicycle parking areas; 

j. rough-in for photovoltaic system;

k. no gas appliances in the units; and

l. any other practical elements of the Toronto Green Standard version 4, tier 2 that are agreeable to the applicant.

6. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing 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.
 

7. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, 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 off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; and
 

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu.
 

5. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

Confidential Appendix A to the report (June 11, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 11, 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 (June 11, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.