Item - 2021.CC28.9

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) 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 26, 2021) from the City Solicitor.

3.  City Council authorize the public release of Confidential Attachments 2 and 3 to the report (January 26, 2021) from the City Solicitor.

4.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) 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, 2021, in Confidential Attachment 2 and as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential Attachment 3 to the report (January 26, 2021) 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 Settlement Offer dated January 25, 2021, in Confidential Attachment 2 and as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential Attachment 3 to the report (January 26, 2021) 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 require the owner to enter into an agreement pursuant to Section 37 of the Planning Act to secure a privately-owned publicly accessible space provided and maintained by owner, at the owner's expense, located along the western edge of the subject site abutting the Duplex Parkette and having a width of not less than 3 metres and an area of not less than 112.2 square metres as generally shown on the Revised Plans dated January 25 and 26, 2021, in Confidential 3 to the report (January 26, 2021) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor; the privately-owned publicly accessible space is intended to be accessible to the public and landscaped to compliment the abutting Duplex Parkette, including through the use of appropriate signage, tree and shrub plantings, and bench seating; any infrastructure associated with the previous gas station use, including but not limited to vent pipes, air intake, and air exhaust, located within the privately-owned publicly accessible space and/or adjacent Duplex Parkette lands shall be removed; any air intake or exhaust proposed as a component of the development located within the privately-owned publicly accessible space shall be appropriately screened and have their visual impact minimized through the design of the privately-owned publicly accessible space; underground parking serving the development on the subject site will be permitted to encroach under the privately-owned publicly accessible space; and the specific location, configuration, and design of the privately-owned publicly accessible space shall be determined in the context of an application for Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Amendment application 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 City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 4 above, all to the satisfaction of the City Solicitor;

c.  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;

d.  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 the General Manager, Toronto Water; and

e.  the Applicant has provide satisfactory drawings and maneuvering diagrams showing the appropriate design, location, configuration, dimensions and function of the vehicular loading space, ramps, drive aisles, and parking spaces associated with the proposed development all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; all vehicular ramps proposed as part of the development shall have a minimum width of 6 metres.

Confidential Attachments 2 and 3 to the report (January 26, 2021) 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 (January 26, 2021) 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 subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor will be made at the discretion of the City Solicitor.