Item - 2025.CC26.11

City Council on February 5, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2025) from the City Solicitor.
 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2025) from the City Solicitor.

3. City Council authorize the public release of Confidential Attachment 2 to the supplementary report (January 31, 2025) from the City Solicitor.

4. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (January 23, 2025) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (January 31, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council reject the without prejudice offer to settle dated January 14, 2025 set out in Confidential Appendix A to the report (January 23, 2025) from the City Solicitor.

2. City Council accept the without prejudice offer to settle dated January 29, 2025 set out in Confidential Attachment 2 to the supplementary report (January 31, 2025) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order for Block A1 until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan Amendment(s) for Block A1 and Zoning By-law Amendment(s) for Block A1 are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, and should City Council authorize the demolition, that the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Executive Director, Development Review;

c. the Owner has submitted a revised Functional Servicing and Stormwater Management Report and a Hydrogeological Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services, or it has been determined that a holding provision applicable to particular lands is otherwise required in the Zoning By-law amendment(s);

d. the Owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

e. the Owner has addressed all outstanding issues raised by Development Engineering, Solid Waste Management and Transportation Services in the Engineering and Construction Services Memorandum dated July 25, 2023, as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services; and

f. the Owner has submitted a Wind Tunnel Study of Pedestrian Level Wind Conditions for the proposed development, and agreed to implementation of mitigation measures identified in such study, satisfactory to the Executive Director, Development Review.

4. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order for Block A2 until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan Amendment(s) for Block A2 and Zoning By-law Amendment(s) for Block A2 are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, and should City Council authorize the demolition, that the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Executive Director, Development Review;

c. in the event that the City has exercised its option to acquire Block A2 or to fund a community centre use on Block F, the Owner has entered into an In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act;

d. the Owner has submitted a revised Functional Servicing and Stormwater Management Report and a Hydrogeological Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services, or it has been determined that a holding provision applicable to particular lands is otherwise required in the Zoning By-law amendment(s);

e. the Owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

f. the Owner has addressed all outstanding issues raised by Development Engineering, Solid Waste Management and Transportation Services in the Engineering and Construction Services Memorandum dated July 25, 2023, as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services; and

g. the Owner has submitted a Wind Tunnel Study of Pedestrian Level Wind Conditions for the proposed development, and agreed to implementation of mitigation measures identified in such study, satisfactory to the Executive Director, Development Review.

5. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order for the Subdivision Lands until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan Amendment(s) for the Subdivision Lands, including phasing as it relates to the construction of a new GO Station on Block "E" and all ancillary spaces and uses within the first phase of development, and Zoning By-law Amendment(s) for the Subdivision Lands are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the Owner has provided Site and Area Specific Policies for inclusion in the above Official Plan Amendment to the satisfaction of the Executive Director, Development Review and the City Solicitor, including policies on issues such as urban structure, land use, density, transportation network (including public streets and right-of-way widths, pedestrian and cycling network), parkland, public realm, built form, housing, community services and facilities, implementation, together with any associated maps and schedules;

c. in the event that the City has exercised its option to acquire Block A2 or to fund a community centre use on Block F, the Owner has entered into an In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act;

d. the Owner has provided a Public Street 'C' Interim Block Context Plan in coordination with the Owners of 375 Kennedy Rd. and 399 Kennedy Rd., which includes existing and proposed grading information, to demonstrate acceptable alignment and grading conditions for Public Street 'C' in relation to 399 Kennedy Rd., to the satisfaction of the City Solicitor and the Executive Director, Development Review;

e. the Owner has submitted a revised Functional Servicing and Stormwater Management Report and a Hydrogeological Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services, or it has been determined that a holding provision applicable to particular lands is otherwise required in the Zoning By-law amendment(s);

f. the Owner has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

g. the Owner has addressed all outstanding issues raised by Development Engineering, Solid Waste Management and Transportation Services in the Engineering and Construction Services Memorandum dated July 25, 2023, as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the General Manager, Transportation Services;

h. the Owner has submitted a revised draft plan of subdivision to the satisfaction of the Executive Director, Development Review in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the General Manager, Parks, Forestry and Recreation;

i. the Owner has submitted a Wind Tunnel Study of Pedestrian Level Wind Conditions for the proposed development, and agreed to implementation of mitigation measures identified in such study, satisfactory to the Executive Director, Development Review;

j. the Owner has provided a final form of a Phasing Plan on the Development Site to the City in a form and content acceptable to the Executive Director, Development Review, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, and the Chief Engineer and Executive Director, Engineering and Construction Services;

k. execution of commercial agreement(s) between the owner and Metrolinx related to, without limitation, delivery of any future Scarborough GO Station infrastructure, including phasing requiring the construction of a new GO Station on Block "E" and all ancillary spaces and uses within the first phase of development by the owner and securing the inclusion and registration of the required Metrolinx warning clause(s) applicable at the time, in all future purchase for sale and/or lease agreements, to the satisfaction of Metrolinx;

l. the owner has provided a noise and vibration study and secured any related mitigation measures, all to the satisfaction of Metrolinx;

m. the owner has provided a rail safety report (in accordance with Metrolinx guidelines and The Federation of Canadian Municipalities and The Railway Association of Canada guidelines) and secured any related mitigation measures, all to the satisfaction of Metrolinx;

n. the owner has provided a stormwater management report confirming no adverse impact to the adjacent rail corridor or future GO Station, to the satisfaction of Metrolinx.  Any proposed alterations to the existing drainage pattern affecting the rail corridor must receive prior consent from Metrolinx; and

o. City Council has approved the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, and should City Council authorize the demolition, that the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, securing the replacement of the existing rental dwelling units and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Executive Director, Development Review.

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

Confidential Attachment 2 to the supplementary report (January 31, 2025) from the City Solicitor is now public and can be accessed under Background Information (City Council).

Confidential Attachment 1 and Confidential Appendix A to the report (January 23, 2025) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (January 31, 2025) 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 Appendix A to the report (January 23, 2025) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (January 31, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.