Item - 2024.CC23.17

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 4, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (November 4, 2024) from the City Solicitor.

3. City Council direct that the balance of in Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 4, 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 set out in Confidential Appendix A to the report (November 4, 2024) from the City Solicitor, the revised Official Plan Amendment substantially in accordance with Confidential Appendix B to the report (November 4, 2024) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix C to the report (November 4, 2024) from the City Solicitor for all of the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue (together the Settlement Offer) from the City Solicitor and subject to the Parts below.

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 for the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue (the "Development Site").

Parkland Dedication

3. City Council approve that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade building permit on any part of the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue, the Owner shall:

a. convey to the City, an on-site parkland dedication, having a minimum size of 585.5 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

b. satisfy the remaining required parkland dedication of 16.7 square metres through a payment of cash-in-lieu of parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. City Council approve the acceptance of on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition to the satisfaction of the General Manager, Parks, Forestry and Recreation; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry & Recreation (PFR).  The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. City Council authorize, in this circumstance, in the event that the Owner requires the on-site parkland dedication for construction staging purposes following conveyance of the lands to the City, the Owner shall enter into an agreement with the City on terms satisfactory to the General Manager, Parks, Forestry and Recreation, save and except for the payment of any occupancy fees, as agreed upon and acknowledged by the Owner and the City; the agreement shall stipulate that use of the on-site parkland dedication for construction staging purposes shall occur for no more than 36 months after the issuance of the first above grade building permit for the building fronting Henning Avenue, unless otherwise approved by the General Manager, Parks, Forestry and Recreation.

Community Benefits and Matters Required to Support the Development

7. City Council authorize the City Solicitor to enter into and register on title to Development Site, one or more agreements pursuant to Section 37 of the Planning Act as it read the day before Section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18, at the Owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Executive Director, Development Review and the City Solicitor:

a. amend the existing cash contribution in Schedule A, Provision 2 of By-law 1263-2022(OLT) to reflect a cash contribution of $1,431,000.00, subject to the applicable upwards indexing;

b. provision of heritage conservation of the former Toronto Hydro building at 50 Eglinton Avenue West with amendment to existing Schedule A, Provision 3(iii) of By-law 1263-2022(OLT) to add the words "of public realm refinements to the satisfaction of Executive Director, Development Review, including, if applicable," after the words "integration of" and before the words "a 3.0 Metre wide colonnade";

c. provision of the east-west public access easements with amendment to existing Schedule A, Provision 3(iv) of By-law 1263-2022(OLT) to reference the plans and drawings in Confidential Appendix C to the report (November 4, 2024) from the City Solicitor;

d. prior to the issuance of the first above-grade building permit for all or any part of the Development Site, the Owner shall:

i. convey to the City, an off-site parkland dedication of 57 Montgomery Avenue, 61 Montgomery Avenue and 58 Helendale Avenue under Section 37 of the Planning Act to the satisfaction of the General Manager, Parks, Forestry and Recreation (the "Section 37 Parkland Conveyance");

ii. the Section 37 Parkland Conveyance shall be in base park condition, include the required service connections in accordance with City standards, and be free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition to the satisfaction of the General Manager, Parks, Forestry and Recreation;

iii. complete the demolition of, and base park improvements to, the City-owned property known municipally as 55 Montgomery Avenue to the satisfaction of the General Manager, Parks, Forestry and Recreation (the "55 Montgomery Improvements");

e. prior to the issuance of first above-grade building permit for all or any part of the Development Site, the Owner shall provide a cash contribution to the City in an upwards indexed amount of $1,431,000.00 allocated to the matters set out in Schedule A, Provision 2 of By-law 1263-2022(OLT), as amended by Part 7.a. above; and

f. all cash contributions will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the Section 37 Agreement, to the date of payment.

8. City Council direct that the following matters required to support development be secured in the Section 37 Agreement and/or Zoning By-law Amendment where deemed appropriate by the Executive Director, Development Review and the City Solicitor, as a legal convenience:

a. securing the provision of the on-site parkland dedication under section 42 of the Planning Act by amending Schedule A, Provision 3(i) to reflect the amended on-site parkland dedication;

b. securing the design, provision of securities and construction in respect of any upgrades or required improvements to the existing municipal infrastructure as may be identified in the accepted Engineering Reports through a municipal infrastructure agreement, including a new "looped" watermain on Henning Avenue connecting to the existing 300 millimetre watermain on the south side of Eglinton Avenue to service the properties along 17-41 Henning Avenue, all to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

c. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Executive Director, Development Review and the General Manager, Transportation Services;

d. the Owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the complete site plan application for each building on the Development Site;

e. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the Owner and any such implementation measures secured in the appropriate agreements;

f. if directed by the Chief Engineer and Executive Director, Engineering and Construction Services arising from the accepted Engineering Reports, any new municipal infrastructure and/or upgrades to existing municipal infrastructure to support the development; and

g. any other matters required to implement the directions of Council.

Conditions to Ontario Land Tribunal Order

9. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the draft Official Plan Amendment substantially in accordance with Confidential Appendix B to the report (November 4, 2024) from the City Solicitor is satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment amending By-law 1263-2022 for the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue is satisfactory to the Executive Director, Development Review and the City Solicitor, including the minimum bedroom unit mix in conformity with the Yonge-Eglinton Secondary Plan;

c. the Owner has, at its sole cost and expense:

i. submitted a revised Servicing Report, Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and the provision of financial securities, in the Section 37 Agreement as a matter of legal convenience, in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, including a new "looped" watermain on Henning Avenue, connecting to the existing 300 millimetre watermain on the south side of Eglinton Avenue will be provided to service the properties along 17-41 Henning Avenue, all to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted a Pedestrian Level Wind Study, and where necessary incorporating any required mitigation measures in the Zoning By-law Amendment or otherwise implemented at Site Plan Control, to the satisfaction of the Executive Director, Development Review; and

v. submitted a revised Transportation Impact Study, or addendum, with respect to the reduction of visitor parking spaces and proposed accommodation of reduced visitor parking spaces through alternative means on the Development Site, to the satisfaction of the General Manager, Transportation Services;

d. City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved a Rental Housing Demolition Application 23 184481 NNY 08 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 three existing rental dwelling units at 21, 25 and 37 Henning Avenue and the Owner has secured an acceptable Tenant Relocation and Assistance Plan for the tenant in the existing rental dwelling unit at 37 Henning Avenue addressing financial compensation and other assistance to lessen hardship, and subject to written confirmation through affidavit of Owner that there has not been any rental use on 39 and 41 Henning Avenue within the last 5 years, and addressing financial compensation and other assistance to lessen hardship, on such terms and conditions in an agreement with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

e. the Owner has entered into a Section 37 Agreement with the City that has been executed, and registered on title to the lands at 50–90 Eglinton Avenue West and 17-41 Henning Avenue, all to the satisfaction of the Executive Director, Development Review and the City Solicitor;

f. the Owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 50 Eglinton Avenue West, prepared by GBCA Architects dated March 2024, to the satisfaction of the Senior Manager, Heritage Planning; and

g. the Owner has entered into a Heritage Easement Agreement with the City for the property at 50 Eglinton Avenue West substantially in accordance with plans and drawings prepared by Turner Fleischer dated October 17, 2024, and the Heritage Impact Assessment prepared by GBCA Architects dated March 2024, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor on the lands municipally known as 50-90 Eglinton Avenue West.

10. 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 Appendices A, B and C to the report (November 4, 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 4, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.