Item - 2024.CC20.22

City Council on July 24 and 25, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 10, 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 (July 10, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, and Confidential Appendices A and B to the report (July 10, 2024) from the City Solicitor.
 

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 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.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 10, 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 July 8, 2024 set out in Confidential Appendix A to the report (July 10, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order until the City Solicitor has advised that:

a. the final form of the Zoning By-law Amendment(s) is to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner has registered a Limiting Distance Agreement on title to the Lands, 8 Scollard Street, and the Stone Church at 45 Davenport Road;

c. the owner has revised the Site Servicing, Hydrogeological, and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. all comments from Engineering and Construction Services contained in their January 29, 2024 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

3. 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, 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;

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; 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.

4. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of July 8, 2024:

a. an outdoor, publicly accessible source of drinking water;

b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; and

c. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

1. a highly energy-efficient building envelope;

2. low carbon building heating and cooling, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;

3. ample electrical outlets for bicycle charging in the interior bicycle parking area;

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

5. electric-only appliances or fireplaces in the residential units;

6. accommodation for future solar photovoltaic system;

7. improved Stormwater Management Measures;

8. installation of outdoor (dark sky) downward lighting;

9. provision of indoor space dedication for household hazardous waste; and

10. Electric Vehicle Supply Equipment spaces for 100 percent of motor vehicle parking;

5. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 22-32 Scollard Street and 21-25 Davenport Road from Permit Parking.

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

Confidential Appendices A and B to the report (July 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 (July 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 (July 10, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.