Item - 2024.CC24.6

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 3, 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 (December 3, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 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 (December 3, 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 November 29, 2024 set out in Confidential Appendix A to the report (December 3, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement of the Zoning By-law Amendment appeal.

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 Zoning By-law Amendment is satisfactory to the Executive Director, Development Review Services, and the City Solicitor;

b. the owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Hydrological Report and a revised Geotechnical Study, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has provided a revised Parking Study, a revised Loading Study, a revised Traffic Operations Assessment, and a revised Transportation Impact Study, to be reviewed to the satisfaction of the General Manager, Transportation Services;

d. the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-laws and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review Services;

e. the Owner has provided a revised Sun/Shadow Study, such report to be reviewed with recommendations implemented as part of the Zoning By-law(s) and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review Services;

f. the owner has provided an acceptable Land Use Compatibility Study, Noise Impact Study, Vibration Study and Air Quality Study, such reports to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, with recommendations to be implemented as part of the amending Zoning By-laws and secured in a Site Plan Agreement, to the satisfaction of the Executive Director, Development Review Services;
 

g. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Stormwater Management Report, Geotechnical Report and Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

h. the owner has provided a revised Tree Preservation Plan and a revised Landscape Concept Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. the Owner has provided a revised Landscape Plan and Civil Utilities Plan identifying, among other things, the relocation of the existing hydro vault shown in the area to be conveyed as parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

j. the owner has made satisfactory arrangements and has entered into an appropriate agreement(s) with such agreement(s) to be entered into prior to Site Plan Control approval, to secure the following matters to support the development:

i.  the owner shall continue to provide and maintain the existing 647 retained rental units as rental housing for a period of at least 20 years commencing from the date the Official Plan and Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

ii. the owner shall undertake improvements to the existing rental buildings at its sole expense and at no cost to tenants, including access to all indoor amenities in the proposed new building and all outdoor amenities on the lands for tenants of the existing rental buildings, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

iii. the owner shall develop and implement a Construction Mitigation and Tenant Communication Plan, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council direct that the applicable alternative rate for on-site parkland dedication required pursuant to Section 42(3) of the Planning Act be provided on-site; the Owner shall convey and construct to base park condition at no cost to the City an on-site dedication of no less than 1,200 square metres at the southeast portion of the site with frontage onto Jane Street and Hullmar Drive, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. If the Ontario Land Tribunal allows the appeal, in whole or in part, and the Owner elects to design and construct Above Base Park Improvements, 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, and the Development Charges credit shall be in an amount that is the lesser of the cost to the Owner for 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.

5. If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council require the owner to:

a. host future consultation meetings with tenants to discuss improvements to the existing rental buildings and site at 4001 Steeles Avenue West, 5000 Jane Street, and 360 Hullmar Drive at no cost to tenants or the City and in consultation with City Planning and the Ward Councillor and prior to Notice of Approval Conditions for Site Plan Control approval for the development;

b. submit a Public Consultation Report prior to Notice of Approval Conditions for Site Plan Control approval for the development; the Public Consultation Report shall detail the comments received by community members and substantiate the detailed design and delivery of improvements to the existing rental buildings and site at 4001 Steeles Avenue West, 5000 Jane Street, and 360 Hullmar Drive; and

c. develop a Construction Mitigation and Tenant Communication Plan prior to Notice of Approval Conditions for Site Plan Control approval for the development to mitigate the impacts of construction of the development on tenants of the existing rental buildings, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

Confidential Appendices A, B and C to the report (December 3, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (December 3, 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 3, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.