| 135075 | REPORT | N | N | MAIN | ACTION | ADOPTED | 52200000 | Y | PLAN_ACT | East Harbour Transit Oriented Communities Proposal: Conclusion of Negotiations and Draft Plan of Subdivision, and Approach to Next Stage | 2024.EX15.1 | PBNTGVN | Y | Y | Y | Y | <p>The Deputy City Manager, Infrastructure Services recommends that : </p>
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<p>1. City Council authorize the City Manager, in consultation with the Chief Planner and Executive Director, City Planning, the Executive Director, Transit Expansion, theGeneral Manager, Transportation Services and the City Solicitor, to conclude negotiations and enter into and execute a site-specific Transit Oriented Communities agreement with the Province of Ontario as represented by the Minister of Infrastructure and the Ontario Infrastructure and Lands Corporation, including provisions relating to the transfer of funding provided by Cadillac Fairview and the Province for the construction of new City infrastructure and coordination of infrastructure projects in the area, based on the terms outlined in Attachment 2 and such other terms and conditions satisfactory to the City Manager, on condition that the Contribution Agreement between the Province and Cadillac Fairview (the "Owner) is amended as necessary to ensure consistency with the terms of site-specific Transit Oriented Communities Agreement and that the Transit Services/ Operating Agreement has been entered into between Metrolinx and Cadillac Fairview, and to enter into any such ancillary or related agreements, amendments, extensions and renewals as may be necessary, on such terms and conditions as are satisfactory to the City Manager, in consultation with the above named City officials, all in a form satisfactory to the City Solicitor.</p>
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<p>2. City Council authorize the City Manager, in consultation with the Deputy City Manager, Infrastructure Services and the City Solicitor, to conclude negotiations and execute Project Delivery Agreements with Waterfront Toronto, on terms and conditions satisfactory to the Deputy City Manager, Infrastructure Services, and in a form satisfactory to the City Solicitor, for the full implementation of the Preferred Design of the Broadview Eastern Flood Protection project Environmental Assessment, including completion of design and construction, subject to City Council budget approvals.</p>
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<p>3. City Council authorize the City Manager, in consultation with the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the General Manager, Children's Services and the City Solicitor to conclude negotiations, enter into and execute a Development Agreement with Cadillac Fairview and the Province of Ontario as represented by the Minister of Infrastructure and the Ontario Infrastructure and Lands Corporation to secure among other matters two childcare centres and a community recreation centre, based on the terms outlined in Attachment 3 and such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor.</p>
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<p>4. City Council authorize the City Manager, in consultation with the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the City Solicitor, to conclude negotiations, enter into and execute an Affordable Housing Agreement with Cadillac Fairview and its related nominees/corporations and the Province of Ontario as represented by the Minister of Infrastructure and the Ontario Infrastructure and Lands Corporation based on the terms outlined in Attachment 4 and such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor, and to enter into and execute any ancillary and related site-specific affordable housing agreements in consultation with the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer all in a form satisfactory to the City Solicitor, but only provided that the aforementioned agreements are able to be registered on title and binding on successor owners, to the satisfaction of the City Solicitor.</p>
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<p>5. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and the City Solicitor, to execute any security or financing documents as they relate to the Affordable Housing Agreement with Cadillac Fairview and its related nominees/corporations and the Province of Ontario as represented by the Minister of Infrastructure and the Ontario Infrastructure and Lands Corporation and any site-specific affordable housing agreement, or any other documents required to facilitate the affordable housing development and related activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the applicable affordable housing agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council, all in a form satisfactory to the City Solicitor, but only provided that the aforementioned agreements are able to be registered on title and binding on successor owners, to the satisfaction of the City Solicitor.</p>
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<p>6. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning or delegate intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 6d subject to:</p>
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<p style="padding-left: 30px;">a. the conditions as generally listed in Attachment 6e which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and</p>
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<p style="padding-left: 30px;">b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.</p>
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<p>7. Notwithstanding Chapter 415-28 of the Municipal Code, City Council authorize the conveyance of Phase 2 parkland, being Block 11 on the Draft Plan of Subdivision shown on Attachment 6d to occur prior to issuance of the final building permit for any building within Phase 2 of the Plan of Subdivision.</p>
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<p>8. Notwithstanding Section 415-26B of the Municipal Code, City Council authorize the conveyance of Block 26 on the Draft Plan of Subdivision containing infrastructure to service Block 11 on the Draft Plan of Subdivision, as shown on Appendix 6, Attachment 6d, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.</p>
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<p>9. City Council authorize the appropriate City officials to enter into a limiting distance agreement, if necessary, with the Owner of the lands to address the relationship between the future development on Block 4 and Block 26 of the Draft Plan of Subdivision as shown on Appendix 6, Attachment 6d, and determine that the facilitation of appropriate municipal servicing and associated land ownership be due consideration, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor.</p>
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<p>10. City Council authorize the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services and the Executive Director, Corporate Real Estate Management to accept the conveyance of the East Harbour Flood Protection Landform and Buffer Zone, including the portion of Street E that traverses the East Harbour Flood Protection Landform, on terms acceptable to the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor, which may include a restrictive covenant in favour of the Toronto Region Conservation Authority or other form of encumbrance with the purpose of protecting the structural integrity of the flood protection landform. </p>
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<p>11. City Council approve development charge credits or exemptions for the proposed development at East Harbour as follows:</p>
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<p style="padding-left: 30px;">a. 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 & Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner for the design and construction of the Above Base Park Improvements as approved by the General Manager, Parks, Forestry and Recreation, and the Parks, and the Recreation component of development charges for Phases 2 and 3 respectively, payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time;</p>
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<p style="padding-left: 30px;">b. a development charge credit against the Storm Water Management component of the Development Charges applicable to the development, for the design and construction by the Owner of the eligible upsizing of stormwater infrastructure to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the development charge credit shall be in an amount that is the lesser of the eligible cost to the Owner of the eligible upsizing the stormwater infrastructure and the Storm Water Management component of the development charges payable for the development as approved by the General Manager, Toronto Water, in consultation with the Chief Planner and Executive Director, City Planning, in accordance with the City’s Development Charges By-law, as may be amended from time to time, to a maximum of $3.3 million;</p>
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<p style="padding-left: 30px;">c. a development charge credit against the Sanitary Sewer component of the Development Charges applicable to the development, for the design and construction by the Owner of the eligible upsizing of sanitary infrastructure to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the development charge credit shall be in an amount that is the lesser of the eligible cost to the Owner of the eligible upsizing the sanitary infrastructure and the Sanitary Sewer component of the development charges payable for the development as approved by the General Manager, Toronto Water in accordance with the City’s Development Charges By-law, as may be amended from time to time, to a maximum of $1.4 million;</p>
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<p style="padding-left: 30px;">d. a development charge credit against the Transit component of the development charge for the design and construction by the Owner of the eligible Toronto Transit Commission base infrastructure within the Broadview Avenue Extension right of way to the satisfaction of the Toronto Transit Commission but only as necessary to address costs incurred by the Owner in excess of $5 million in relation to this work; the development charge credit shall be in an amount that is the lesser of the eligible cost to the Owner of constructing the transit base infrastructure within the Broadview Avenue Extension right of way that is above $5 million, as approved by the Toronto Transit Commission and the Transit component of the development charges payable for the development in accordance with the City’s Development Charges By-law, as may be amended from time to time; and</p>
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<p style="padding-left: 30px;">e. a development charge exemption for the Community Recreation Centre and the portions of any building containing a Child Care Facility or alternate community use.</p>
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<p>12. City Council authorize the City Manager, in consultation with the Chief Financial Officer and Treasurer, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Parks, Forestry and Recreation, and the City Solicitor, to enter into and execute appropriate agreements to secure the development charge credits or exemptions as identified in Recommendation 11.a. - e. in appropriate agreements.</p>
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<p>13. City Council authorize the Deputy City Manager, Infrastructure Services to negotiate and enter into an agreement between the City and the Owner to reimburse the Owner for the eligible design and construction costs to a value of $10 million for the East Harbour Flood Protection Landform, as approved by the Toronto and Region Conservation Authority and the Director, Waterfront Secretariat, and upon acceptance by the City, the reimbursement will be funded through a development charge credit against the East Harbour Port Lands Flood Protection and/or a development charge credit against the Storm Water Management component of the Development Charge payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time and/or through the approved budget for Broadview Eastern Flood Protection.</p>
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<p>14. City Council accept deviations from the City’s Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act (2015) for the East Harbour lands being 21 Don Valley Parkway, 30 Booth Avenue and 375 and 385 Eastern Avenue, as set out below:</p>
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<p style="padding-left: 30px;">a. exempt the conveyance of lands comprising the future widening of the Don Roadway, being Block 13 on the Draft Plan of Subdivision shown on Attachment 6d, from the Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act (2015), or as may be amended, and authorize City staff accept the conveyance of such lands in its current physical condition; </p>
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<p style="padding-left: 30px;">b. exempt the conveyance of lands for future parks (Blocks 10, 11 and 26) and the East Harbour Flood Protection Landform (Blocks 15 and 25) as shown on the Draft Plan of Subdivision in Attachment 6d from the application of Sections 5.1.2, 5.4.3, and 5.4.5 of the Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act (2015), or as may be amended, and any other sections that may be required to implement the conditions of draft plan approval, and authorize City staff to accept the conveyance of such lands that may be subject to Risk Management Measures that require ongoing monitoring of groundwater by the City and/or vapour mitigation during construction, following conveyance for such lands; and</p>
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<p style="padding-left: 30px;">c. exempt the conveyance of lands for future public roads as shown on the Draft Plan of Subdivision in Attachment 6d from the application of Sections 5.1.2, 5.4.3, and 5.4.5 of the Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act (2015), or as may be amended, and any other sections that may be required to implement the conditions of draft plan approval, and authorize City staff to accept the conveyance of such lands that may be subject to Risk Management Measures that require ongoing monitoring of groundwater by the City and/or vapour mitigation during construction, following conveyance for such lands.</p>
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<p>15. City Council authorize the City Manager, in consultation with the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor, to conclude negotiations, enter and execute a TTC Infrastructure Agreement with the Owner and the TTC to secure the construction by the Owner of base transit right of way improvements within Broadview Avenue between the rail corridor and Lake Shore Boulevard East on such terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor.</p>
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<p>16. If the Committee of Adjustment approves minor variances as described in the Implementing Agreements Section of this report, City Council require the Owner to enter into an Amended and Restated Section 37 Agreement, pursuant to Section 37 of the Planning Act (as it read the day before the date Section 1 of Schedule 17 of the COVID-19 Economic Recovery Act, 2020, came into force), to amend the existing Section 37 Agreement registered on title to the lands to implement the Committee’s decision, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.</p>
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<p>17. City Council request the Toronto Port Lands Company Board of Directors to authorize any agency approvals necessary to enable the delivery and, once completed, the conveyance to the City of Broadview Avenue from the East Harbour lands to Lakeshore Boulevard East on Toronto Port Lands Company lands.</p>
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<p>18. City Council direct staff to request that CreateTO, acting on behalf of Toronto Port Lands Company, negotiate and enter into a licence agreement for construction access and laydown with Cadillac Fairview Corporation Limited over portions of Toronto Port Lands Company lands, being described in PIN 21077-0147, located south of the TOC lands, which are necessary to enable delivery of the TOC development and improvements described in this report.</p>
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<p>19. City Council delegate to the Executive Director, Corporate Real Estate Management the authority to approve, in consultation with the General Manager, Transportation Services, all necessary transactions required to effect the acquisition, and lease or licence if required, by the City of Toronto from the Toronto Port Lands Company of lands required to effect the extension of Broadview Avenue and such other road allowance extensions, as may be required, from the TOC lands to Lake Shore Boulevard East, at nominal consideration, upon the satisfaction of all requirements imposed upon the Owner in respect of same, and that such authority include the negotiation and execution of all agreements and documents as may be reasonably required to give effect thereto the terms of which shall be consistent with the intent set out herein and the financial parameters determined and approved by Council. </p>
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<p>20. City Council authorize the appropriate City officials to enter into a limiting distance agreement, if necessary, with the Owner of the lands, to address the relationship between the 4C Building and the new City-owned Community Recreation Centre only and determine that a commensurate portion of the value of the Community Recreation Centre being constructed by the Owner to be due consideration.</p>
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<p>21. City Council authorize the Deputy City Manager, Development and Growth Services and the Deputy City Manager, Infrastructure Services to engage in discussions with the Province and Cadillac Fairview related to Cadillac Fairview's request for further changes to land use permissions at East Harbour, based on the following initial conditions:</p>
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<p style="padding-left: 30px;">a. the provision of 20 percent of all new housing units as affordable housing for a term of 99 years and depending on the density increase in the area and on the same terms as the affordable housing provided for the first part of the East Harbour TOC;</p>
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<p style="padding-left: 30px;">b. the provision of additional community benefits at a rate of up to 10 percent on the value of new development;</p>
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<p style="padding-left: 30px;">c. a firm commitment to the protection of employment development at East Harbour, the phasing of employment development to coincide with residential development, and a specific approach to develop the film sector at East Harbour; and</p>
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<p style="padding-left: 30px;">d. a commitment to fully integrate the Toronto Port Lands Company owned Keating Lands into the revised East Harbour master plan and to acquire the lands to support important benefits, including an increase in affordable housing and expanding the Community Recreation Centre.</p>
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<p>22. City Council request the Deputy City Manager, Development and Growth Services and the Chief Planner and Executive Director, City Planning to report back to City Council on the results of the discussions with the Province and Cadillac Fairview and to seek appropriate negotiating authorities as required.</p>
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<p>23. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision.</p> |