Item - 2024.CC20.25

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 supplementary report (July 25, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 25, 2024) from the City Solicitor..

3. City Council authorize the public release of Confidential Appendices A and B to the report (July 20, 2024) from the City Solicitor.

4. City Council direct that Confidential Attachment 1 to the report (July 10, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 25, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 25, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer, dated July 09, 2024, set out in Confidential Appendix A to the report (July 10, 2024) from the City Solicitor, on the basis of the revised plans, dated July 08, 2024, set out in Confidential Appendix B 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 the Ontario Land Tribunal to withhold its Final Order on the Official Plan Amendment and Zoning By-law Amendment until the City Solicitor has advised the Tribunal that:

a. the proposed Official Plan Amendment is in a content and form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the proposed Zoning By-law Amendment is in a content and form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

c. the applicant has submitted a revised Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

d. the applicant has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to support the development, according to the Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services;

e. the applicant has submitted a revised Landscape Plan (with a public utility plan underlay in an updated soil volume plan), to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

f. the applicant has secured an acceptable Tenant Relocation and Assistance Plan in accordance with Official Plan Policy 3.2.1.12 for the tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, and it shall be implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval.

3. 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 219-221 Roxton Road from Permit Parking.

4. 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, that includes at least the following items:

a. a highly energy-efficient building envelope;

b. no on-site combustion of fossil fuels in appliances;

c. an air and/or ground source heat pump system as the exclusive or, if necessary, primary (> 85 percent) source of heating and cooling for the building;

d. at least 100 points for energy efficiency in CHMC’s MLI Select Program;

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

f. accommodation for future solar photovoltaic system.

5. City Council request 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.

6. 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.

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.

7. City Council authorize the City Solicitor to retain outside consultants, as necessary, to oppose the original application or revised application, should City Council not accept the applicant’s settlement offer.

8. 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).

Confidential Attachment 1 to the report (July 10, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 25, 2024) from the City Solicitor remain confidential at this time as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 10, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 25, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.