Item - 2019.TE3.9

City Council on February 26, 2019, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 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 (January 25, 2019) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 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.  In the event the appeal of the proposed development at 276 – 294 Main Street is approved at the Local Planning Appeal Tribunal, City Council request the General Manager, Transportation Services to report back to the Toronto and East York Community Council on the realignment of permit parking area 9A to exclude the development located at 276 – 294 Main Street and 144 Stephenson Avenue. 

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated January 25, 2019, attached as Public Appendix A to the report (January 25, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing of this matter to advise that City Council supports a settlement in principle of the Zoning By-law Amendment application related to 276-294 Main Street and 144 Stephenson Avenue, as generally shown in the architectural plans dated January 24, 2019 attached as Public Appendix C to the report (January 25, 2019) from the City Solicitor, subject to the following:

a.  a minimum of 25 percent of the dwelling units in the development shall be 2 bedroom units or larger and a minimum of 10 percent of the dwelling units shall be 3 bedroom units or larger, with a majority located within the base building as per the Growing Up Guidelines;

b.  loading requirements and vehicular parking ratios shall be addressed in a Transportation Impact Report Addendum, to the satisfaction of the General Manager, Transportation Services;

c.  stormwater management, functional servicing, and hydrogeological issues shall be addressed in revised engineering reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the dedication of no less than 365 square metres of parkland on site, pursuant to Section 42 of the Planning Act, be conveyed and constructed to base-park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; the land to be conveyed as parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation;

e.  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 the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time;

f.  all park-related work and timing of such work, including conveyance of the on-site parkland dedication as well as the build out of the park to Base and Above Base Park Improvements, shall be completed to the satisfaction of the General Manager, Parks, Forestry and Recreation;

g.  the building identified as having potential heritage value at 292 Main Street shall be conserved within the new development; the Owner is required to submit a Heritage Impact Assessment to the satisfaction of the Senior Manager, Heritage Preservation Services; and

h.  prior to the issuance of the final Order from the Local Planning Appeal Tribunal:

i.  the Zoning By-law Amendment reflecting the foregoing shall be finalized to the satisfaction of the parties;

ii.  the Owner shall address all outstanding issues from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii.  the Owner shall prepare a revised Functional Servicing Report, a revised Stormwater Management Report and revised Hydrogeological Assessment to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv.  the Owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

v.  the Owner shall address all outstanding issues from Transportation Services, to the satisfaction of the General Manager, Transportation Services;

vi.  the Owner shall prepare a revised Transportation Impact Assessment Addendum to the satisfaction of the General Manager, Transportation Services;

vii.  the Owner shall address outstanding issues from Solid Waste Management that may have implications to the preparation of a site specific zoning by-law amendment, to the satisfaction of the General Manager, Solid Waste Management;

viii.  the Owner shall enter into a Heritage Easement Agreement with the City for the property at 292 Main Street in accordance with approved plans and the approved Heritage Impact Assessment, all to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

ix.  the Owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant, for 292 Main Street to the satisfaction of the Senior Manager, Heritage Preservation Services;

x.  the Owner shall enter into and register on the property at 292 Main Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendments giving rise to the proposed alterations;

xi.  the Owner and the City shall enter into a Section 37 Agreement to the satisfaction of the City Solicitor to secure community benefits in the amount of one million five hundred thousand dollars ($1,500,000 CAD) to be paid to the City prior to the issuance of the first above-grade building permit towards capital improvements that will benefit the community in the vicinity of the subject site, such as, but not limited to, non-profit licensed daycare facilities, community centres, recreation facilities, libraries, arts-related community space, local streetscape improvements, Business Improvement Area capital projects, capital improvements to Toronto Community Housing in Ward 19, or public parks in the area, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

xii.  the payment amount referred to in Part 2.h.xi. above shall be increased by upwards index in accordance with the apartment 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 execution of the Section 37 Agreement to the date each such payment is made.

3.  City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (January 25, 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 (January 25, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.