Item - 2019.CC8.9

City Council on June 18 and 19, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 10, 2019) from the City Solicitor, as amended by the supplementary report (June 17, 2019) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (June 10, 2019) from the City Solicitor, as amended by the supplementary report (June 17, 2019) from the City Solicitor;

b.  Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2 to the report (June 10, 2019) from the City Solicitor; and

c.  Confidential Attachment 2 to the supplementary report (June 17, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (June 10, 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.

4.  City Council direct that the balance of Confidential Attachment 1 to the supplementary report (June 17, 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 (June 10, 2019) from the City Solicitor, as amended by the supplementary report (June 17, 2019) from the City Solicitor, were adopted by City Council and are now public, as follows:

1.  City Council accept the settlement offer, dated June 7, 2019, in Confidential Attachment 2 to the report (June 10, 2019) from the City Solicitor, as amended by the e-mail correspondence from David Bronskill to the City Solicitor, dated June 13, 2019, in Confidential Attachment 2 to the supplementary report (June 17, 2019) from the City Solicitor.

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 revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (June 10, 2019) from the City Solicitor, as amended by Confidential Attachment 2 to the supplementary report (June 17, 2019) from the City Solicitor.

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

a.  the owner and the City have entered into an agreement pursuant to Section 37 of the Planning Act to secure the following community benefits:

i.  a cash contribution of $750,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development and to be allocated towards local park improvements in Ward 8 and/or local area streetscape and public realm improvements along Bathurst Street, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  the $750,000.00 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 No. 327-0058, or its successor, calculated from the date of the execution of the agreement to the date of payment, which date shall be prior to the issuance of the first above-grade permit for the proposed development; and

iii.  in the event the cash contribution referred to in Part 3.a.i. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

and that agreement has been registered, to the satisfaction of the City Solicitor, on title to 491 Glencairn Avenue and 278, 280 and 282 Strathallan Wood Road;

b.  the following matters have been secured in a registered agreement, to the satisfaction of the City Solicitor, to support the development:

i.  the owner shall construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard;

ii.  the owner shall make improvements along Glencairn Avenue, which include curb extensions/bump-outs and a minimum 2.1 metre-wide public sidewalk within the public boulevard; and

iii.  the owner shall make intersection improvements at the north-east corner of Strathallan Wood and Bathurst Street to include curb extensions/bump-outs to increase pedestrian safety;

c.  the owner has addressed the outstanding items relating to servicing outlined in the memorandum from Engineering and Construction Services dated March 3, 2014;

d.  the owner has entered into any necessary agreements and has provided financial securities to secure any upgrades or required improvements to the existing municipal infrastructure, identified in the information required by condition 3.c. above, to support the development, prior to the first above grade building permit, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services; and

e.  the proposed Official Plan and Zoning By-law amendments are in a form satisfactory to the City.

Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2 to the report (June 10, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachment 2 to the supplementary report (June 17, 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 (June 10, 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 (June 10, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the supplementary report (June 17, 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 supplementary report (June 17, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.