51 Drewry Avenue and 8 to 28 Inez Court - Official Plan Amendment and Zoning By-law Amendment Application - Request for Directions

The application and related appeals are subject to a lengthy history, dating back to 2008. In November, 2011, Yolanda Flanders Developments Inc. and 2242148 Ontario Limited (the Owner) filed appeals to the Ontario Municipal Board, now known as the Ontario Land Tribunal (OLT or Tribunal). On April 1, 2014, City Council by its adoption of Item CC50.5, endorsed the 2014 Settlement Proposal in principle and required the Owner to submit a revised rezoning application to the City in order to implement the proposed settlement. The application then went dormant for a number of years. On August 27, 2021, the Owner filed revised plans for City staff to review, generally consistent with the 2014 Settlement Proposal. The City Solicitor requires further direction in respect of the implementation of the settlement of the appeals. This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the OLT hearing generally in support of the 2014 Settlement Proposal, subject to further implementation details as set out herein. City Planning, Engineering and Construction Services, Transportation Services, and Parks, Forestry and Recreation staff have been involved in the preparation of this report.

3. City Council direct the City Solicitor to secure the capital facilities referred to below in an agreement pursuant to Section 37 of the Planning Act, which agreement or agreements shall be registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The Owner, at the Owner's expense and in accordance with, and subject to, the agreements referred to above, shall provide for or fund the following facilities on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out: a. the community benefits and density incentives recommended to be secured in the Section 37 Agreement are as follows: (i) Upon Tribunal approval of the zoning by-law amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of part of Inez Court shown as Part 10 on Plan 66R-32549 (the Inez Court Bulb Lands), the Owner shall convey to the City, the lands identified as Parts 3, 4, 5, 15, 16 and 17 on Plan 66R-32549 (the Parkland Dedication Lands, all parts shown on Attachment 4), comprising an area of 7,534.00 square metres for parks purposes, of which 5,374.49 square metres shall be over-contribution, additional to the statutorily required parkland dedication of 2,159.51 square metres required by Section 42(3) of the Planning Act. The Parkland Dedication Lands shall be free and clear, above and below grade, of all easements and encumbrances, in an environmental and base park condition acceptable to the General Manager, Parks, Forestry & Recreation; (ii) Concurrent with the conveyance of the Parkland Dedication Lands to the City, the Owner shall provide to the City funding for the design and construction of park improvements in the sum of $250,000.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (iii) Upon Tribunal approval of the zoning by-law amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of the Inez Court Bulb Lands (Part 10), the Owner shall convey, at no cost to the City, the lands identified as Parts 1, 2, 6, 8, 9, 13, 14, 18, 19 and 21 on Plan 66R-32549 (the Beecroft Extension Lands), comprising an area of 3,590.4 square metres, for future service road purposes. All Parts shown on Attachment 4. The Beecroft Extension Lands shall be free and clear of all encumbrances both above and below grade (unless such encumbrances are agreed to by Transportation Services) and shall meet the environmental requirements of the Council approved ECS Directive titled "Environmental Site Assessment for Land conveyances". In the event that Part 20 on Plan 66R-32549 is stopped up and closed prior to the dedication of the Beercroft Extension Lands as public highway, the conveyance of the Beecroft Extension Lands shall be subject to a temporary access easement in favour of the adjacent development lands, to expire upon dedication of the Beecroft Extension Lands as public highway on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor; (iv) Prior to issuance of the first above grade building permit for the development, the Owner shall provide to the City a monetary contribution toward the cost of acquiring lands for the North York Centre Service Road and associated road network and buffer areas, acquiring or improving parkland serving the North York Centre area, or constructing and furnishing a public recreational centre or social facility serving the North York Centre area, in an amount equal to $1,506.95 per square metre for up to 3,854.47 square metres of additional gross floor area, for a total amount of up to $5,808,494.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (v) two bicycle rooms located on the ground floor with direct access from the outside, collectively containing a minimum of 55 bicycle parking spaces; (vi) a minimum of 1.5 square metres per dwelling unit of private indoor recreational amenity area. b. The following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: (i) prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the Toronto Transit Commission (TTC), in the amount of $35,000.00, for the installation of signal priority in the vicinity of the Site, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (ii) prior to condominium registration, the Owner shall provide a pre-loaded PRESTO card with funds in the amount of $50 to each unit as part of the Transportation Demand Management strategy/information package; (iii) the Owner shall design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development prior to the issuance of the Notice of Approval Conditions, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and (iv) provisions for the extension to the window for the Development Charges reduction addressed below in Recommendations 5 and 6; provisions to waive the right-of-way occupancy fees for construction staging from the Beecroft Extension Lands addressed below in Recommendation 7, and provisions for the Owner to construct the Beecroft Extension and related requirements addressed below in Recommendation 8 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022 may also be included in the Section 37 Agreement as a legal convenience at the discretion of the parties. 4. City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing the following: a. the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the Owner, the City Solicitor and the Chief Planner and Executive Director, City Planning; and b. direction that the applicable community benefits and other matters in support of the development identified above in Recommendation 3 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022, are to be secured in a Section 37 Agreement executed by the Owner and the City and registered on title to the Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council direct that in connection with the early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City, relief be provided from the 60 month time limit set out in Article 415-7C(1) of the City's Municipal Code (Development Charge By-law) in order to facilitate the early demolition of the twenty-one (21) single detached dwellings on the lands and the associated early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City. Such relief shall be contingent on the Parkland Dedication Lands and the Beecroft Extension Lands having been conveyed to the City as soon as possible after the approval of the zoning by-law amendment, and shall expire upon the later of fifteen (15) years from the issuance of the demolition permits for the twenty-one (21) dwelling units, or ten (10) years from completion and dedication of the Beecroft Road Extension service road adjacent to the Development lands. 6. City Council authorize the City Solicitor to enter into an agreement(s) with the Owner that the Development Charges payable for the ultimate development on the subject property will be reduced by an amount calculated by multiplying twenty one (21) single detached dwellings (being the number of dwelling units required to be demolished to facilitate the redevelopment) by the Development Charge rate in effect for single detached dwellings at the time of building permit issuance for the redevelopment, and subject to the conditions set out above in Recommendation 5 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022. 7. City Council direct that in consideration for and contingent on the early conveyance of the Beecroft Extension Lands to the City, the Owner be permitted to occupy the easternmost northbound lane and adjacent boulevard of the Beecroft Extension Lands in order to facilitate the staging of construction of the Development, and that any right-of-way occupancy fees that would otherwise be payable under Chapter 441 of the City's Municipal Code be waived for a maximum of three (3) years, commencing at any time within a ten (10) year period following the completion and dedication of the Beecroft Extension Lands. Any such occupancy will be subject to the requirements of Chapter 743 of the City's Municipal Code, including the requirement to submit an application and obtain a right-of-way occupancy permit, a traffic management plan (including provision for maintained pedestrian and cycling access), and any other requirements such as insurance, security, indemnification, to the satisfaction of the General Manager, Transportation Services. In the event the Owner wishes to occupy the Beecroft Extension Lands to facilitate the staging of construction of the Development prior to their dedication as public highway, the requirements of Chapter 743 will not apply, but the Owner shall enter into a license agreement with the City to occupy the lands for nominal consideration for a maximum of three (3) years, on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 8. City Council direct that, in the event the Owner wishes to construct the Beecroft Road Extension within the Site (from Drewry to the south limit of its property) prior to the awarding of a contract by the City for construction of the Beecroft Road Extension, that the Owner be permitted to construct the Beecroft Road Extension within the Site, provided that they have first made satisfactory arrangements with Engineering and Construction Services and have entered into the appropriate agreement(s) with the City for the design and construction of the Beecroft Road Extension, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the necessary municipal infrastructure to service the site from Drewry Avenue to the south limit of the Site, which may include any necessary upgrades to existing servicing within Drewry Avenue. 9. City Council direct that the parkland dedication required pursuant to Section 42 of the Planning Act in connection with the Development shall be fulfilled by virtue of the conveyance of the Parkland Dedication Lands to the City as secured in the above Recommendation 3. a. (i) of the Request for Direction Report from the City Solicitor dated May 3, 2022. In the event that the Owner submits a new application seeking additional density and/or unit permissions for the net development site in the future, the parkland dedication requirement will be determined in accordance with the applicable parkland dedication rates at that time, as applied to that net site. If this occurs, the statutorily required Parkland Dedication Lands outlined above in Recommendation 3.a.(i) that have already been conveyed to the City (but none of the over-contribution) may be counted towards the fulfillment, in whole or in part, of the future parkland dedication requirements for the net development site at that time. 10. City Council direct that, prior to undertaking the base park conditioning, which must be completed prior to conveyance of the Parkland Dedication Lands, the Owner shall submit a cost estimate and any necessary plans including working drawings, specifications, and landscape plans showing the scope and detail of the work for the base park conditioning, for review and approval by the General Manager, PFR. The Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the value of the base park conditioning to the satisfaction of the General Manager, PFR. No credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with base park conditioning. 11. City Council Council direct that Confidential Attachment 1 remain confidential as it contains advice that is subject to solicitor client privilege. 12. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.