Item - 2024.CC23.15

City Council on November 13 and 14, 2024, adopted the following:

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

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 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 (November 1, 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 October 31, 2024 set out in Confidential Appendix A to the report (November 1, 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 Zoning By-law Amendment until Ontario Land Tribunal the having been advised by the City Solicitor that:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate holding (H) provisions;

b. City Council has approved Rental Housing Demolition Application 23 221261 STE 11 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units 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 to implement City Council's decision including:

i. replacement of the existing 33 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

ii. acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted a revised Heritage Impact Assessment that demonstrates how the proposed development fits into its context and protects the heritage attributes of the adjacent designated property under Part IV of the Ontario Heritage Act at 38 Walmer Road and adjacent properties included on the City’s Heritage Register at 35 and 44 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design and the Chief Planner and Executive Director, City Planning;

d. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review;

e. the owner has provided confirmation of water, sanitary and stormwater 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;

f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

g. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services.

3. City Council request the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review in consultation with relevant City Divisions (including Transportation Services, and Engineering and Construction Services) to take all practicable steps to close the western portion of Walmer Road in front of the development sites at 40 Walmer Road to provide additional pedestrian open space contiguous with Gwendolyn Macewen Parkette.

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. at least 100 points for energy efficiency in Canada Mortgage and Housing Corporation’s Mortgage Loan Insurance Select program;

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

d. no on-site combustion of fossil fuels in suites, including in appliances;

e. 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;

f. reasonable efforts to achieve a carbon payback period of 10 years or less, measured on a per unit basis, including construction/ demolition waste diversion from landfill of at least 75 percent;

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

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

i. accommodation for future solar photovoltaic system;

j. an outdoor, publicly accessible source of drinking water; and

k. an outdoor seating area, to be accessible to the public within or adjacent to the public right-of-way, in consultation with Transportation Services.

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.

3.  City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendix A to the report (November 1, 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 (November 1, 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 (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.