Item - 2019.CC11.3

City Council on October 29 and 30, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 21, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 21, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (October 21, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 21, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the “with prejudice” settlement offer as described in Public Attachment 1 and Public Attachment 2 (the “Settlement Offer”) to the report (October 21, 2019) from the City Solicitor and subject to Parts 2 to 6 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Settlement Offer.

3.  City Council accept, and as agreed to by the Owner, should the Local Planning Appeal Tribunal approve the proposed Zoning by-law Amendments, an off-site parkland dedication that is a minimum of 161.9 square metres be conveyed and dedicated to the City, at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, through the lands located at 30 and 44 Zorra Street in accordance with Chapter 415, Article III of the Municipal Code, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, in addition to the following below:

a.  if the Owner elects to provide for Above Base Park Improvements, City Council approve 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 and Recreation;  the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of 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

b.  the matters related to the off-site dedication be secured in the appropriate agreements, including the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the Owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  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;

e.  the Owner has submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services; and

f.  the Owner has entered into an agreement with the City, pursuant to Section 37 of the Planning Act, and registered on title to the Site, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, that secure the following:

i.  the off-site parkland dedication with a minimum size of 161.9 square metres as identified in Part 3 above, and related matters, as agreed to by the Owner and the City;

ii.  the Owner shall be required to satisfy a set of standard pre-conditions related to parkland conveyance, including, but not limited to, matters such as compliance with the Municipal Code, Environmental Assessments, Building Code fire separation distance and base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

iii.  should any upgrades and/or improvements be required, the Owner has secured the requirements for the necessary upgrades and/or improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the development, including any required financial securities, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5.  City Council require that the Owner agrees that the following matters will be secured as a matter of legal convenience in the Section 37 Agreement, all to be addressed through Site Plan Approval:

a.  the Owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues;

b.  the Owner shall submit a wind tunnel test, if deemed necessary, to determine the efficacy of the recommended wind mitigation measures from the Wind Study, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  the Owner has provided for at no cost to the City, if required, any signal improvements and/or changes as necessary, from the accepted Transportation Impact Study;

d.  a detailed Landscape/Planting Plan and Planting Details are submitted and Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

e.  as a pre-approval condition to any site plan approval for the site, the Owner agreed to enter into a financially secured agreement that secures the design and construction, as well as the provision of financial securities for 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, should it be determined that improvements or upgrades are required to support the development.

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

The balance of Confidential Attachment 1 to the report (October 21, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (October 21, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.