Item - 2021.CC31.10

City Council on April 7 and 8, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 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 (March 29, 2021) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment application in its revised form for the property at 1540-1550 Bloor Street West.

2.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (March 29, 2021) from the City Solicitor and the Request for Direction Report dated November 13, 2020, and to report back to City Council on the outcome of discussions, if necessary.

3.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as the Local Planning Appeal 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, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions, and among other matters include securing:

i.  the rents and rental tenure of the existing rental units;

ii.  a tenant relocation and assistance plan and any other rental housing related matters in conformity with Section 3.2.1.6 of the Official Plan;

iii.  the on-site parking ratios to the satisfaction of the General Manager, Transportation Services;

iv.  space within the development for installation of maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections; and

v.  a minimum of 10 percent of all units on the lands at 1540-1550 Bloor Street West as 3-bedroom units;

b.  the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and that agreement has been registered on title to 1540-1550 Bloor Street West, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for the purpose of securing appropriate community benefits, to be based on the value of additional height and/or density beyond what is permitted by the current Zoning By-law, and include community benefits that have been identified as being priorities for this area;

c.  the owner has, at the owner's sole expense:

i.  submitted a revised Functional Servicing Report and Stormwater Management Report, including confirmation of water and fire flow, sanitary and storm capacity, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

ii.  addressed all outstanding engineering issues outlined in the memorandum dated October 16, 2020, 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 October 15, 2020 from Engineering and Construction Services to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services;

iii.  made arrangements satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary improvements to the municipal infrastructure; and

iv.  submitted a revised Transportation Impact, Parking and Loading Study acceptable to, and to the satisfaction of the General Manager, Transportation Services, and that such matters arising from such study be secured, if required; and

d.  City Council has approved the Rental Housing Demolition Application 19 263430 STE 04 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the 12 existing rental dwelling units at 1540-1550 Bloor Street West and the owner has entered into one or more agreements with the City, and those agreement(s) have been registered on title to 1540-1550 Bloor Street West, securing rental housing related matters, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council request that the following matters also be secured in a Section 37 Agreement for the development, as a legal convenience:

a.  the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time;

b.  the peer review of the submitted Environmental Noise and Vibration Assessment Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  a Wind Tunnel analysis to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner's agreement to implement any required recommendations and/or mitigation measures from the accepted Wind Tunnel analysis, Traffic Impact, Parking and Loading Study, and Landscape Plan, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the requirements of the Toronto Transit Commission regarding warning clauses and other requirements noted in the Toronto Transit Commission comments;

f. the requirements of the Toronto Catholic District School Board's clauses and conditions noted in the Toronto Catholic District School Board comments; and

g.  the owner's agreement that prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor.

5.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code.

6.  City Council authorize and direct the City Solicitor to take the necessary action to give effect to Parts 1, 2, 3, 4 and 5 above.

The balance of Confidential Attachment 1 to the report (March 29, 2021) 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 and litigation privilege.