Item - 2024.CC24.14

City Council on December 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 5, 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.

4. City Council direct the Executive Director, Development Review, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

5. City Council request the Executive Director, Development Review to consider securing the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of December 14, 2024:

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

b. 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 systems;

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;

6. 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 595 Bay Street, 304 - 316 Yonge Street and 14-40 Dundas Street West from Permit Parking.

7. 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.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated December 4, 2024 set out in Confidential Appendix A to the report (December 5, 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 Official Plan Amendment and Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the Owners have provided confirmation of water, sanitary and stormwater capacity to support the Development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. in the event that improvements or upgrades and/or new infrastructure are required to support the Development, the Owners have entered into agreement(s), for the construction of any such improvements to such services concurrent with the construction of the Development, as required, at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owners have provided an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; and

e. the Owners have provided an Aeronautical Assessment to the satisfaction of the Executive Director, Development Review to ensure that the building height and projections of the Development conform to applicable requirements, including Zoning By-law 1432-2017 and Minister’s Zoning Order 10/24.

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

Confidential Appendix A to the report (December 5, 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 (December 5, 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 (December 5, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.