Item - 2019.CC12.6

City Council on November 26 and 27, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 14, 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 (November 14, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 14, 2019) 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 report (November 14, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the without prejudice Settlement Offer dated October 31, 2019.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to continue to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 859 The Queensway, and attend any Local Planning Appeal Tribunal hearing in opposition to the Revised Plans, and retain such experts as may be required.

3.  City Council authorize the City Solicitor and City staff to continue negotiations with the applicant in an effort to resolve the  Local Planning Appeal Tribunal appeal based on changes to the design of the proposed development that would achieve a lower overall height and a building that respects the mid-rise building typology appropriate along designated Avenues such as The Queensway, and to report back to City Council on any amendments to the proposal as may be required.

4.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law Amendment until:

a.  the form and content of the draft Zoning By-law Amendment is finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner and the City have come to an agreement on the provision by the owner to the City of certain community benefits and the owner and the City have entered into an Agreement under Section 37 of the Planning Act securing such community benefits and the Agreement has been executed and registered on title to the lands, all to the satisfaction of the City Solicitor in consultation with City Planning staff and the Ward Councillor;

c.  the owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

d.  the owner has submitted revised Truck Maneuvering Diagrams to the satisfaction of General Manager, Transportation Services;

e.  the owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the owner has submitted a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g.  the owner has submitted a revised Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

h.  the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study accepted by the General Manager, Transportation Services and the Functional Servicing, Hydrogeological and Geotechnical Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

i.  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 Sewer Chapter 68-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

j.  the owner has submitted a revised Pedestrian Wind Assessment, including a wind tunnel test to determine whether the recommended mitigation measures are effective, to the satisfaction of the Chief Planner and Executive Director, City Planning;

k.  the owner has provided a 1.9 metre road widening along The Queensway to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

l.  the owner has provided a 5 metre right-of-way rounding at the southwest corner of The Queensway and Plastics Avenue intersection to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

m.  the owner has provided a Peer Review of the Noise and Vibration Impact Feasibility Study prepared by J.E. Coulter Associates Limited by a third-party Noise and Vibration Consultant retained by the City at the owner's sole cost and expense, and the owner shall implement the noise and vibration control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and

n.  the owner has submitted an Air Quality Study prepared by an Air Quality Consultant, which will be Peer Reviewed by a third-party Air Quality Consultant retained by the City at the owner's sole cost and expense, and the owner shall implement the air quality control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 14, 2019) from the City Solicitor remain confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 14, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.