Item - 2024.DM20.1

City Council on July 24 and 25, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng.
 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, and Confidential Appendix A to the report (May 8, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 8, 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 (May 8, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated May 6, 2024 and related plans set out in Confidential Appendix A to the report (May 8, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the following change:

a. the 333.71 square metres of affordable housing shall not be required.

2. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan amendment and Zoning Bylaws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

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

d. in the event the updated servicing reports referred to in Part 2.c. above identify necessary upgrades to the servicing or functional items above, the owner shall enter into financially secured agreement(s) for the construction of any such improvements all to be completed at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or alternatively, a holding provision may be required in the implementing zoning bylaw, to ensure the necessary infrastructure is in place before any development can proceed; and

e. the owner has entered into one or more agreements, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to construct and provide a community space of at least 604 square meters (of which a maximum of 85 square meters shall consist of access on the main floor and the balance shall consist of the space on the second floor, the "Community Space").

3. City Council allow the owner of 5051-5061 Yonge Street the Community Space as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act; the provision of the Community Space shall be provided in accordance with the terms and conditions set out in this Part and on such other terms and conditions as are deemed appropriate by the Chief Planner, and Executive Director, City Planning, the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, and the City Solicitor, in consultation with the Ward Councillor; subject to the following:

a. prior to the issuance of the first above grade building permit for the development, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction, and conveyance of the Community Space to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner shall convey the Community Space to the City at or prior to the registration of a Condominium under the Condominium Act, 1998, on all, or any part, of the Site, or at a time mutually agreeable to both parties; 

c. the Community Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to an acceptable base building condition, with the terms and specifications to be secured in an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement"), to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development and Finance, the Chief Planner and Executive Director, City Planning and the City Solicitor; and

d. concurrent with, or on a different date to be agreed by both parties, the conveyance of the Community Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Space.

4. City Council attribute a value to the in-kind contribution set out in Part 3.c. above equal to 100 percent of 4 percent of the value of the land, as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the Owner of such valuation.

5. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 3.c. above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

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

Confidential Appendix A to the report (May 8, 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 (May 8, 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 (May 8, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.