Item - 2020.CC23.7

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 22, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (July 22, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Revised Settlement Offer dated July 17, 2020 in Confidential Attachment 2 to the report (July 22, 2020) from the City Solicitor.

2.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to approve the site specific Zoning Amendment for the site, substantially in accordance with the revised plans in Confidential Attachment 3 to the report (July 22, 2020) from the City Solicitor, subject to Parts 3 to 7 below.

3.  City Council accept an off-site parkland dedication of 376 square metres at 21 Southvale Drive, in satisfaction of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the final location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4.  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 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.

5.  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.  a cash contribution of Two Million Seven Hundred Thousand Dollars ($2,700,000.00) 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 toward community services and facilities, local parkland acquisition and improvements, and/or public realm improvements within the vicinity of the subject property, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  a cash contribution of One Hundred and Sixty Five Thousand Dollars ($165,000.00) to be paid by the owner prior to the issuance of the first above-grade building permit for improvements to the greenspace located at the northwest corner of Bessborough Drive and Eglinton Avenye East;

iii.  the cash contributions referred to in Parts 5.a.i. and ii. above are 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 Table 18-10-0135-01, or its successor, calculated from the date of the agreement to the date of payment; and

iv.  in the event the cash contribution referred to in Part 5.a.i. and ii. above have not been used for the determined purposes within three years of the amending Zoning By-law coming into full force and effect, the cash contributions may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose(s) is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the site; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Local Planning Appeal Tribunal:

i.  the above base park improvements for the off-site parkland dedication referred to in Part 3 above, along with the development charge credit referred to in Part 4 above; and

ii.  the release of the existing sewer easement over the site, provided the existing pipe is relocated as requested by City staff at the owner's expense.

6.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of its Order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

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

b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in City Council's decision; and

c.  the Owner has satisfied the requirement of Engineering and Construction Services, as set out in its September 6, 2016 memorandum.

7.  City Council direct that a community working group be established, in consultation with City Planning and the local Councillor, for the Site Plan process, to review matters as they relate to the proposed rear landscaping area and tree preservation.

Confidential Attachments 2, 3 and 4 to the report (July 22, 2020) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 22, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.