Item - 2021.CC31.15

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 30, 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 30, 2021) from the City Solicitor, and Confidential Attachments 2 and 3 to the report (March 30, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 30, 2021) 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 (March 30, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the without prejudice Settlement Offer dated March 26, 2021, in Confidential Attachment 2 to the report (March 30, 2021) from the City Solicitor and as shown on the Settlement Plans dated March 25, 2021, in Confidential Attachment 3 to the report (March 30, 2021) from the City Solicitor, subject to Parts 2 to 6 below.

2.  City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the revised proposal as set out in the without prejudice Settlement Offer dated March 26, 2021, in Confidential Attachment 2 to the report (March 30, 2021) from the City Solicitor and as shown on the Settlement Plans dated March 25, 2021, in Confidential Attachment 3 to the report (March 30, 2021) from the City Solicitor, subject to the Parts 3 to 6 below.

3.  City Council accept the Section 37 offer contained in the without prejudice Settlement Offer dated March 26, 2021, in Confidential Attachment 2 to the report (March 30, 2021) from the City Solicitor for a community benefit in the form of a cash contribution in the amount of six hundred thousand dollars ($600,000) and City Council authorize the City Solicitor to secure the community benefit in a Section 37 Agreement as more particularly described in Part 4 below.

4.  City Council authorize the City Solicitor to enter into and register an Agreement under Section 37 of the Planning Act with the Applicant to secure community benefits as follows, all to the satisfaction of the City Solicitor:

a.  an indexed cash contribution by the Applicant to the City in the amount of six hundred thousand dollars ($600,000) as described in Part 3 above, to be allocated amongst the following at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

i.  streetscape improvements along The Queensway through the Shop The Queensway Business Improvement Area;

ii.  improvements to local parks and trails located in Ward 3, including Queensway Park and Mimico Park Trail; and/or

iii.  public art on the site at the south-west corner of The Queensway and Islington known municipally as 1001-1037 The Queensway;

b.  the amount of the cash contribution in Part 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Applicant to the City; and

c.  in the event that the cash contribution in Part 4.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site.

5.  City Council authorize the City Solicitor to secure the following as matters of legal convenience to support the development in an agreement under Section 37 of the Planning Act with the Applicant as follows, all to the satisfaction of the City Solicitor:

a.  a 1.9 metre road widening along The Queensway to be conveyed by the Applicant to the City through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

b.  a 5 metre right-of-way rounding at the southwest corner of The Queensway and Plastics Avenue intersection to be conveyed by the Applicant to the City through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

c.  a surface pedestrian clearway easement to be conveyed by the Applicant to the City for public access over the privately-owned portions of the pedestrian clearway along Plastics Avenue on the site; the details, location, and configuration of the pedestrian clearway and easement will be determined and conveyed through the Site Plan Control process and the Applicant shall agree to construct and maintain the pedestrian clearway easement lands at its own cost and expense;

d.  the conveyance of any easement or fee simple interest of lands by the Applicant to the City shall be at no cost to the City and for nominal consideration and shall be free and clear of encumbrances, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, as well as the General Manager, Transportation Services as the case may be; without limiting the generality of the forgoing, the cost of preparation and deposit of accepted reference plans shall also be at the Applicant's sole cost and expense;

e.  a revised Pedestrian Wind Assessment, including a wind tunnel test, to be provided by the Applicant to the City, and the implementation of any recommended mitigation measures by the Applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  a Peer Review of the Noise and Vibration Impact Feasibility Study prepared by J.E. Coulter Associates Limited by a third-party Noise and Vibration Consultant retained by the City at the Applicant's sole cost and expense, and the implementation of any noise and vibration control measures and recommendations as identified through the Peer Review by the Applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and

g.  an Air Quality Study prepared by an Air Quality Consultant, which shall be subject to a Peer Review by a third-party Air Quality Consultant retained by the City at the Applicant's sole cost and expense, and the implementation of any air quality control measures and recommendations identified through the Peer Review by the Applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

6.  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 revised proposal as shown on the Settlement Plans dated March 25, 2021, in Confidential Attachment 3 to the report (March 30, 2021) from the City Solicitor is submitted for a recirculation for comments to all appropriate City divisions and such recirculation is completed, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  the form and content of the draft Zoning By-law Amendment is finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.  the Applicant and the City have entered into and registered an Agreement under Section 37 of the Planning Act securing such community benefits and other matters of legal convenience as set out in Parts 4 and 5 above, all to the satisfaction of the City Solicitor;

d.  all outstanding transportation matters, including the submission of an accepted revised Transportation Impact Study, Parking Justification Report and Truck Maneuvering Diagrams, to the satisfaction of the General Manager, Transportation Services;

e.  all outstanding engineering matters, including the submission of an accepted revised Functional Servicing Report, Stormwater Management Report, Geotechnical Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the Applicant has entered into an agreement or agreements securing 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 Transportation Impact Study, Functional Servicing Report, Stormwater Management Report, Geotechnical Report and Hydrogeological Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

g.  the Applicant has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with Sewer By-law Chapter 68-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

h.  the Applicant has provided a revised shadow study based on the Settlement Plans to demonstrating the sun and shadow impacts of the Settlement Plans, the satisfaction of the Chief Planner and Executive Director, City Planning.

Confidential Attachments 2 and 3 to the report (March 30, 2021) are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 30, 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 is subject to solicitor-client privilege and litigation privilege. The balance of Confidential Attachment 1 to the report (March 30, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.