Item - 2024.DM21.1

City Council on September 5, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll, and Confidential Appendices A, B and C to the report (July 12, 2024) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 12, 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.

Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 12, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (July 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

September 25, 2024

The confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Shelley Carroll, were adopted by City Council and the following confidential instructions to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A to the report (July 12, 2024) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings that implement this Council Direction and the proposed Official Plan Amendment substantially in accordance with Confidential Appendix C to the report (July 12, 2024) from the City Solicitor (together the "Settlement Offer"), subject to the Parts and modifications below:

a. the required parkland dedication set out in Part 9 below be provided at the northwest corner of the Site adjacent to the planned public park;

b. the provision of a minimum 1.0 metre wide easement or acceptable interest in land satisfactory to the City Solicitor and the General Manager, Parks, Forestry and Recreation, at no cost or expense to the City, south of the required right-of-way widening on the Site, with the final width of such an easement or acceptable interest in land be finalized through a technical review acceptable to the General Manager, Parks, Forestry and Recreation and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. written confirmation from the owner that prior to the conveyance of the required parkland to the City, the owner shall provide the City with upwards indexed financial securities to provide for the decommissioning and/or removal of any interim municipal servicing for the required parkland dedication set out in Part 9 below and restoration of the affected lands (including any adjacent widenings, streets, boulevards and sidewalks) through any such decommissioning and/or removal of the interim municipal servicing, to the satisfaction the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

d. a minimum of 0.023 visitor parking spaces provided per dwelling unit; and

e. the provision of a revised full set of plans and drawings, including a full and complete set of site statistics, from the applicant to the City Solicitor that implement and reflect the matters above as confirmed by the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation and the Chief Engineer and Executive Director, Engineering and Construction Services.

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 revised proposal for the lands municipally known as 2500 Don Mills Road.

3. City Council accept 2 percent of the total residential gross floor area as affordable rental units at 2500 Don Mills Road as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the affordable rental units shall be provided at affordable rents in accordance with the City’s Official Plan definitions and on such other terms and conditions as are deemed appropriate by the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner shall design, construct, finish, and provide affordable rental units on the Site, with a unit mix reflecting the market unit mix of the development:

i. the affordable rental units shall be provided in contiguous groups of at least six (6) rental dwelling units;

ii. unless otherwise agreed to by the Chief Planner and Executive Director, City Planning, the unit sizes of the affordable housing will be no less than an average of:

a. 525 square feet, for one-bedroom units;

b. 650 square feet, for two-bedroom units; and

c. 900 square feet, for three-bedroom units;

iii. the general configuration, location, and layout of the affordable rental units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iv. the units shall include ensuite laundry and air conditioning in each affordable rental unit at no additional cost to tenants;

c. the affordable housing gross floor area shall be made available for occupancy at a rate at least commensurate with the market units being made available for occupancy;

d. the owner shall provide and maintain the affordable units as rental dwelling units for a minimum of 40 years, beginning with the date each such unit is first occupied.  Affordable rent shall be determined based on the Official Plan's current definition of Affordable Rent;

e. during the first 40 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline;

f. no affordable unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable unit shall be made for at least 40 years from the date of first occupancy; upon the expiration of the 40 year period, the owner shall continue to provide and maintain the affordable units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

g. during the first 40 years of occupancy, the affordable rental units will be offered to tenant households who have demonstrated that they are in need of affordable rental housing and who are on the City’s centralized housing access system or, in the event the centralized housing access system is not available, through a fair and transparent advertising selection process, to the satisfaction of the Executive Director, Housing Secretariat;

h. the owner shall provide all tenants of the affordable rental units with access to, and use of, all indoor and outdoor amenities in the development, on the same terms and conditions as any other resident of the development without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; and

i. the owner shall provide and make available for rent to the residents of the affordable rental units vehicle, visitor vehicle, and bicycle parking spaces on the same terms and conditions as any other resident of the development.

4. City Council attribute a value to the in-kind contribution set out in Part 3 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law) of the development as defined in the Settlement Offer, as determined the day before 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 to address the provision of the in-kind contributions identified in Part 3 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreements to be registered on title to the Site, which shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

6. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Official Plan Amendment and 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 C to the report (July 12, 2024) from the City Solicitor is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. the owner has, at its sole expense:

i. submitted a revised Functional Servicing Report and 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 provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, 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 Chief Planner and Executive Director, City Planning 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 an updated Transportation Impact Study or Addendum, and updated Parking and Loading Study or Addendum, to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services;

v. 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, and that matters arising from such study be satisfactorily addressed, and secured if required;

vi. submitted an updated Pedestrian Level Wind Study, and thereafter implemented any necessary mitigation measures in the Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vii. submitted an updated Sun/Shadow Study to the satisfaction to the Chief Planner and Executive Director, City Planning.

d. an agreement pursuant to subsection 37(7.1) of the Planning Act has been entered into and registered on title to the lands to secure the provision of the in-kind contributions identified in Part 3 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

7. City Council also instruct the City Solicitor to request the Ontario Land Tribunal withhold its Order on the Official Plan and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that arrangements satisfactory to the City officials listed below, in their sole discretion, have been made between the City and the owner to:

a. secure the conveyance to the City of a portion the interim access driveway, abutting the Don Mills Road right-of way, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate and Real Estate Management and the City Solicitor; and

b. convey an easement to the owner, and to enter into an easement agreement to be registered on title to the lands conveyed to the City in Part 7.a., above, to authorize interim vehicular, pedestrian and cycling access over such lands, in a content and form satisfactory to the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate and Real Estate Management, and the City Solicitor;

8. City Council accept the conveyance of lands, identified in Part 7.a. above, for nominal consideration to the City and in an environmentally acceptable condition, and authorize the granting of a temporary easement over such lands for the purposes specified in Part 7.b. above, for nominal consideration, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Corporate and Real Estate Management, and the City Solicitor.

9. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act, having a minimum size of 661 square metres, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be conveyed to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, in base park condition, prior to the issuance of the first Above-Grade Building Permit for all or any part of the proposed development.

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.

The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendix B to the report (July 12, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix B to the report (July 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.