Item - 2024.CC23.6

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 (October 24, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Mike Colle.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 24, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Mike Colle, and Confidential Appendix A to the report (October 24, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 24, 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 (October 24, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Mike Colle, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated October 22, 2024 set out in Confidential Appendix A to the report (October 24, 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 Order until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. City Council has approved the Rental Housing Demolition Application 20 153985 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the fifteen (15) existing rental dwelling units at 284 Lawrence Avenue West, 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:

1. replacement of the existing 15 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

2. an 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 updated sun/shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan process to the satisfaction of the Executive Director, Development Review;

d. the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

e. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into a financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the owner has submitted a complete application for a Plan of Subdivision to the satisfaction of the Executive Director, Development Review Division.

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 for 'Building A' (Phase 2 of the development) or as a component of the Plan of Subdivision Application and approval process, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 1,038.2 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. Prior to the issuance of the first above grade building permit of 'Building B' (Phase 1 of the development), the Owner shall provide to the City a Letter of Credit for the value of the parkland requirement for the subject development, to the satisfaction of the General Manager, Parks, Forestry and Recreation, to be held by the City until the park has been conveyed to the City as part of Phase 2 or as a component of the Registration of Plan of Subdivision.

5. Prior to the issuance of any building permit for the Site, the Owner shall register a Section 118 restriction on title for the future park block, therein prohibiting the transfer of such lands without the consent of the General Manager, Parks, Forestry and Recreation, for the City of Toronto, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

6. 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; 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.

7. City Council authorize that the remaining approximately 17.5 square metres of the parkland dedication requirement, pursuant to Section 42 of the Planning Act, shall be satisfied through a cash-in-lieu of parkland payment; the cash-in-lieu payment shall be made prior to the issuance of the first above grade building permit for the Site.

8. 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 and Recreation; 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, Parks, Forestry and Recreation, 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.

9. City Council request the Executive Director, Development Review to consider securing a trail connection between the east side of new public right-of-way and the west end of the existing trail located at the rear of the adjacent property at 250 Lawrence Avenue West, through Site Plan Application review or Subdivision Application review.

10. City Council request the General Manager, Transportation Services to report on a straight though prohibition, in both the northbound and southbound directions at the intersection of Rosewell Avenue and Lawrence Avenue West, to be in force at all times.

11. City Council request the General Manager, Transportation Services to report on an eastbound straight through prohibition from Glengarry Avenue to the private driveway, to be in force at all times.

12. City Council request the General Manager, Transportation Services to report on traffic calming measures, including speed humps, on the new road.

13. City Council request the General Manager, Transportation Services to report on the installation of an all-way stop control at the intersection of the new public road and private driveway, with crosswalks on all three legs, to be implemented concurrently with the new public road and private driveway;

14. City Council request the General Manager, Transportation Services to report on the speed limit on the new road be 30km/h, consistent with North York Community Council decision NY32.22, which has lowered the speed limit on all local roads in Ward 8 to 30 km/h.

15. With respect to the enforcement of the proposed right-in-right-out access at the intersection of the private driveway and Avenue Road, City Council request the General Manager, Transportation Services to report on options to physically enforce the proposed prohibition on left turn and straight through movements, including evaluating median options and reducing the number of permitted turning movements at Avenue Road and Glengarry Avenue.

16. City Council direct that the final form of the zoning by-law amendment shall not include an exemption from By-law 569-2013 regulation 40.10.90.40(1), which would permit truck loading access from a major street.

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

Confidential Appendix A to the report (October 24, 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 (October 24, 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 (October 24, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.