Item - 2019.CC1.18

City Council on December 4, 5 and 13, 2018, adopted the following:

1.  Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Colle.

2. City Council authorize the public release of:

a.  the confidential recommendations in Confidential Attachment 1 to the report (December 3,2018) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Colle; and

b.  Confidential Appendix A, Revised Confidential Appendices B1 and B2 on file with the City Clerk and Confidential Appendix C.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices B, D, E, F and G to the report (December 3, 2018) from the City Solicitor remain confidential.

The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Colle were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer attached as Appendix "A", Revised Appendices "B1" and "B2", and Appendix "C" to this Confidential Attachment, and City Council direct the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing in support of the settlement in accordance with the Settlement Offer, subject to the resolution of outstanding matters outlined in Parts 2, 3, 4 and 5 below.

2.  City Council authorize the City Solicitor and other appropriate City Staff to continue discussions on the outstanding matters with a view to resolving them to the satisfaction of the Chief Planner and Executive Director, City Planning, in particular the following changes to the portion of the building within the Mixed Use Areas designation:

a.  the windows on the north façade of the mixed use portion of the building must be removed from the 3rd and 4th floors;

b.  the balcony from the north façade of the mixed use portion of the building must be removed from the 4th floor; and

c.  the windows from the south façade of the mixed use portion of the building must be removed from the 3rd and 4th floors.

3. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act in the amount of $1,000,000.00. 

4.  City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Official Plan and Zoning By-law amendment applications until such time as the Tribunal has been advised by the City Solicitor that the owner has entered into a Section 37 to secure:

a.  Section 37 benefits referred to in Part 3 above to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for local area park improvements in the new Ward 8 and/or public realm improvements along Bathurst Street in the new Ward 8;

b.  the cash contribution will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; and

c.  other matters as a matter of legal convenience, including road improvements to Glencairn Avenue to support the proposed development, such as a new eastbound left turn lane into the site.

5. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Official Plan and Zoning By-law amendment applications until such time as the Tribunal has been advised by the City Solicitor that:

a.  the Rental Housing Declaration of Use and Screening form submitted by the applicant has been approved by the Chief Planner and Executive Director, City Planning; and

b.  all the outstanding comments and requirements within the Engineering and Construction Services Memorandum dated March 7, 2018, as well as the following requirements, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services:

i.  the Hydrogeological report is revised to satisfactorily address the quality of discharge to meet sewer by‐law requirements;

ii.  the Hydrogeological report is revised to satisfactorily provide an analysis of construction dewatering quantities or alternatively describes how construction dewatering will not require discharge to a city sewer (short‐term);

iii.  the Hydrogeological report is revised to satisfactorily provide an analysis of construction dewatering quantities for the proposed building (long‐term) including any certification letters required by the City;

iv.  the Mechanical Engineer is designed and provides the groundwater pump peak discharge rate for the proposed Private Water Drainage System;

v.  provision of storm sewer analysis for the storm sewer on Glencairn Avenue up to the connection point where it joins the existing connection coming from Forest Wood Storm Sewer;

vi.  submission of a Sanitary Sewer Analysis, including a complete drainage area plan with populations and detailed explanation of infiltration rate source and HGL analysis and profiles;

vii.  submission of a Hydrant Pressure and Volume Test;

viii.  the owner has entered into a financially secured Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that infrastructure upgrades are required to support the development, according to the Stormwater Management Study, Sanitary Sewer Analysis and Hydrant Pressure and Volume Test accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

ix.  the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681; and

x.  financial securities have been provided and any agreements have been entered into to complete the work prior to the first above grade building permit as required by the City, to secure any upgrades or required improvements to the existing municipal infrastructure identified in the reports required as per condition 5.b. above to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Transportation Services.

6.  City Council authorize the City Solicitor and necessary staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A, Revised Appendices B1 and B2 and Confidential Appendix C to the report (December 3, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendices B, D, E, F and G to the report (December 3, 2018) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations.