Item - 2020.CC23.14

City Council on July 28 and 29, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 21, 2020) 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 report (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the with prejudice Settlement Offer dated July 14, 2020, in Public Attachment 1 to the report (July 21, 2020) from the City Solicitor and as generally shown on the Revised Plans dated April 9, 2020, in Schedule A to Public Attachment 1 to the report (July 21, 2020) from the City Solicitor , subject to Parts 2 to 5 set out below.

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 proposal as set out in the with prejudice Settlement Offer dated July 14, 2020, in Public Attachment 1 to the report (July 21, 2020) from the City Solicitor and as generally shown on the Revised Plans dated April 9, 2020, in Schedule A to Public Attachment 1 to the report (July 21, 2020) from the City Solicitor .

3.  City Council accept cash-in-lieu of parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

4.  City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

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

i.  an indexed cash contribution of $4,100,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development; and

ii.  laneway improvements to Al Green Lane north of the Subject Site to Balliol and south of Merton Street to the Kay Gardner Beltline Trail up to a maximum indexed cost of $400,000; the details of such Laneway Improvements (including the location, dimensions, configuration, and design) shall be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning; the design of the laneway improvements may include features such as lighting, public art, and paving; he Applicant agrees to work with the City and the Ward Councillor, in consultation with the community, regarding the design of the laneway improvements through the Site Plan Approval process; and in the event that the Applicant does not provide the Laneway Improvements in accordance with the terms of the Settlement Offer, the Applicant shall provide to the City an indexed cash contribution of $400,000 prior to residential occupancy of the proposed development; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  the conveyance by the Applicant to the City of a pedestrian easement with a minimum width of 1.7 metres and a minimum height of 3 metres along the west property line of the Subject Site abutting Al Green Lane to the satisfaction of the City Solicitor;

ii.  the construction by the Applicant of an upgrade to the Merton Street municipal watermain from Yonge Street to just east of 30 Merton Street at the hydrant; the watermain upgrade shall be secured through the site plan approval process, including requiring the Applicant to enter into a Municipal Infrastructure Agreement, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii.  laneway improvements to Al Green Lane immediately abutting the Subject Site up to an indexed cost of $250,000;  the details of such Laneway Improvements (including the location, dimensions, configuration, and design) shall be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning; the design of the laneway improvements may include features such as lighting, public art, and paving; the Applicant agrees to work with the City and the Ward Councillor, in consultation with the community, regarding the design of the laneway improvements through the Site Plan Approval process; and in the event that the Applicant does not provide the Laneway Improvements in accordance with the terms of the Settlement Offer, the Applicant shall provide to the City an indexed cash contribution of $250,000 prior to residential occupancy of the proposed development; and

iv.  the conveyance by the Applicant to the City of a laneway widening along the west property line with a minimum width of 0.71 metres for the purpose of widening Al Green Lane.

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

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the proposed Official Plan Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.  the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 4, above, all the satisfaction of the City Solicitor;

d.  all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

e. the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water.

The balance of Confidential Attachment 1 to the report (July 21, 2020) 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 (July 21, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.