Item - 2019.NY10.1

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 supplementary report (November 26, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the supplementary report (November 26, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the supplementary report (November 26, 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.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 26, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer as outlined in the correspondence from Goodmans LLP dated Tuesday, November 26, 2019 attached as Confidential Attachment 2 to the supplementary report (November 26, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to advise the Local Planning Appeal Tribunal of the settlement, and to attend at any future Local Planning Appeal Tribunal hearing events in support of the Settlement Offer proposal.

3.  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 its order approving the Official Plan Amendment until the Tribunal is advised by legal counsel for the City that:

a.  the final form and content of the Official Plan Amendment is acceptable to the City; and

b.  RioCan has withdrawn its appeal of Official Plan Amendment 231.

4.  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 its order approving the Zoning By-law Amendment until the Local Planning Appeal Tribunal is advised by legal counsel for the City that:

a.  the final form and content of the Zoning By-law Amendment is acceptable to the City;

b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning has been executed and registered to secure the Section 37 matters, as outlined in the Settlement Offer;

c.  peer reviews have been undertaken, at the expense of the owner, of the submitted:

i.  Environmental Noise and Vibration Assessment Report;

ii.  Air Quality, Dust and Odour Assessment Report; and

iii.  Pedestrian Wind Study;

and any recommended mitigation measures are included in the subdivision conditions and/or Section 37 Agreement;

d.  the owner has at the owner’s expense addressed all outstanding engineering issues outlined in the memorandum dated September 20, 2019, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum dated September 20, 2019 from Engineering and Construction Services and to ensure compliance with the City's Terms of Reference for the Functional Servicing Report and Hydrogeological Report as they relate to the Zoning By-law Zmendment appeal to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e.  the owner has at the owner’s expense provided a Functional Servicing Report and Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

f.  the owner has at the owner’s expense designed and provided financial securities for all required internal infrastructure and external upgrades to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Hydrogeological Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, according to the accepted Functional Servicing Report and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

g.  the implementation of the Functional Servicing Report and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

h.  the By-laws and the Section 37 Agreement shall require the owner, at no cost to the City, prior to the issuance of any building permit for all or any part of the site, including for clarity, any conditional building permit, to:

i.  obtain all necessary permits to haul private water offsite with no discharge to any sewer until all required internal infrastructure and external upgrades to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Hydrogeological Report and Stormwater Management Report, are completed to the satisfaction of the General Manager, Toronto Water and the Chief Engineer and Executive Director, Engineering and Construction Services; or

ii.  obtain all necessary permits to discharge private water to the storm sewer, pay all applicable fees, comply with all permit conditions, to the satisfaction of the General Manager, Toronto Water and the Chief Engineer and Executive Director, Engineering and Construction Services until all required internal infrastructure and external upgrades to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Hydrogeological Report and Stormwater Management Report, are completed to the satisfaction of the General Manager, Toronto Water and the Chief Engineer and Executive Director, Engineering and Construction Services; or

iii.  obtain all necessary permits and design, financially secure, construct, and make operational, all required internal infrastructure and external upgrades to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Hydrogeological Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor; and

iv.  regardless of which of the options set out in subsections 4.h.i. ii. or iii. above is selected, the owner is required to:

a.  submit all environmental site assessment reports describing the current site conditions and the proposed remedial action plans in accordance with the City’s Environmental Peer Review Policy and obtain concurrence from the third party peer reviewer to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

b.  provide 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 681.10;

i. the By-laws and the Section 37 Agreement shall require the owner, at no cost to the City, prior to the issuance of any above grade permit for all or any part of the site, including for clarity, any conditional above-grade building permit, to design, financially secure, construct, and make operational, all required internal infrastructure and external upgrades to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Hydrogeological Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor;

 j.  the By-laws and the Section 37 Agreement require the owner, at no cost to the City, prior to issuance of any building permit for all or any part of the site, including for clarity, any conditional building permit, to conduct any remediation work for lands to be conveyed to the City identified through the Peer Review to the satisfaction of the Peer Reviewer of the Environmental Site Assessments and the Chief Engineer and Executive Director, Engineering and Construction Services; and

k.  the By-laws and the Section 37 Agreement shall require the owner, at no cost to the City, prior to the issuance of any above grade permit for all or any part of the site, including for clarity, any conditional above-grade building permit, to design, financially secure, construct, and make operational, all required internal infrastructure and external upgrades to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Hydrogeological Report and Stormwater Management Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor.

5.  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 its order approving the Plan of Subdivision appeal until the Local Planning Appeal Tribunal is advised by legal counsel for the City that:

a.  the City has provided the Local Planning Appeal Tribunal with a list of subdivision conditions to the satisfaction of the Chief Planner and Executive Director, City Planning and the owner has entered into a subdivision agreement with the City to secure matters related to the plan of subdivision, including all internal infrastructure and external upgrades to the satisfaction of the Chief Engineer and Executive Director, Engineering to the satisfaction of the Executive Director, Engineering and Construction Services, the Director, Community Planning, North York District and the City Solicitor;

b.  the subdivision agreement shall require prior to issuance of any above grade building permit for all or any part of the site, including for clarity, any conditional building permit, the owner to design, financially secure, construct, and make operational the new public road to base course asphalt including all services and provide financial securities related to the future installation of traffic signals at Laird Drive and Vanderhoof Avenue, and Eglinton Avenue East and the new public street, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

c.  the owner has addressed all outstanding engineering issues outlined in the memorandum of dated September 20, 2019, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum dated September 20, 2019 from Engineering and Construction Services and to ensure compliance with the City's Terms of Reference for the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report as they relate to the draft plan of subdivision appeal to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

6.  If an agreement to construct Above Base Park Improvements with the owner is reached, 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 on the lands dedicated to the City, 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.

7.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

Confidential Attachment 2 to the supplementary report (November 26, 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 supplementary report (November 26, 2019) from the City Solicitor remain 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 (November 26, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.