Item - 2019.CC6.4

City Council on April 16 and 17, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 15, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in the Confidential Attachment 1 and Confidential Appendix A to the report (April 15, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 15, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4.  City Council direct the Chief Planner and Executive Director, City Planning and the applicant, in consultation with City Planning and any other necessary City officials, to create a working group and to consult with the local community as part of the Site Plan process, including the local residents association and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act: a construction management plan including noise and vibration studies and a traffic management plan, landscape and public realm plans, building materials and lighting, and other issues as identified by the Ward Councillor.

5. City Council direct the City Solicitor to secure in any Zoning By-Law Amendment approved for the site and in any Section 37 Agreement, that prior to the issuance of any building permit for the site the Owner shall submit an acceptable construction management plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the Ward Councillor.

6. City Council request the General Manager, Transportation Services to review and report back to the Toronto and East York Community Council on the realignment of Permit Parking area 7C and the exclusion of the property located at 18-32 Eastern Avenue.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 15, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated April 11, 2019 in Public Attachment 1 and as generally shown in Public Attachments 2 and 3 to the report (April 15, 2019) from the City Solicitor, and authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on May 27, 2019 generally in support of the revised development as described in those documents, on the condition that the Owner makes the following minor revisions to the plans:

a.  the Owner has submitted revised plans that indicate and note that a 5.0 metre corner rounding at the Eastern Avenue and Sackville Street corner of the property will be conveyed to the City as a Pedestrian Sidewalk Easement, to the satisfaction to the General Manager, Transportation Services, to ensure that the Official Plan requirement for additional width for sidewalk/pedestrian clearway purposes at the intersection is satisfied; and

b.  the Owner has submitted revised plans that annotate the staging pad abutting the front of the Type G loading space will be at least 28.1 square metres, has an unencumbered vertical clearance of 6.1 metres, is level (+/-2 percent), and is constructed of a minimum of 200 millimetre reinforced concrete, to the satisfaction of the General Manager, Solid Waste Management Services.

2.  In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Official Plan Amendment and Zoning By-law Amendment appeals until such time as:

a.  the Official Plan and Zoning By-law Amendment(s) have been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and have been provided to the Local Planning Appeal Tribunal;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has submitted a revised Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has entered into and registered a financially secured Infrastructure Agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and City Solicitor, for the design and construction of any necessary upgrades or required improvements to the existing municipal infrastructure, should any such upgrades or improvements be identified in the accepted Hydrogeological Report, at the sole cost and expense of the Owner; and

d.  the Owner has entered into and registered on title an agreement with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, securing the matters set out in Part 3 below, with such facilities, services and matters to be set forth in the Zoning By-law Amendment.

3.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act which agreement shall be registered against title and shall provide that the Owner shall, at the Owner's expense, provide or fund the following facilities, services and/or matters on terms satisfactory to the City of Toronto, with such facilities, services and matters to be set forth in the Zoning By-law Amendment, as more specifically set out below:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a monetary contribution in the amount of $2,100,000.00, payable prior to the issuance of the first above grade building permit for the development, to be used by the City in its sole discretion toward the provision of affordable housing and/or streetscape and parkland improvements in the vicinity of the development;

ii.  the cash contribution is to 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 327-0058, or its successor, calculated from the date of the Council decision accepting the Settlement Offer to the date of payment; and

iii.  in the event the cash contribution referred has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

4.  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.

Confidential Appendix A to the report (April 15, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 15, 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 15, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.