Item - 2021.CC32.9

City Council on May 5 and 6, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2021) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2021) from the City Solicitor, as amended.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 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.

4.  City Council authorize the public release of Confidential Attachments 2, 3 and 4 to the report (April 27, 2021) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2021) from the City Solicitor were adopted by City Council, as amended by motion 1 by Councillor Jaye Robinson, and are now public as follows:

1.  City Council accept the without prejudice settlement offer attached as Confidential Attachments 2, 3 and 4 (collectively, the "Settlement Offer") to the report (April 27, 2021) from the City Solicitor, in respect of the appeal of the Zoning By-law Amendment application (Application 19 194902 NNY 15 OZ) subject to Parts 3 to 5 below.

2.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Local Planning Appeal Tribunal hearing in support of the Settlement Offer subject to Parts 3 to 5 below.

3.  City Council direct the City Solicitor to request the  Local Planning Appeal Tribunal to withhold the issuance of any Order(s) for the development until such time as the  Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendment(s) are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and include the requirement for appropriate matters, services and facilities to be provided by the owner at its sole expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development as a legal convenience;

b.  the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water;

c.  the owner has designed and provided financial securities for any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development; and

d.  the owner has signed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered said Agreement on title to the lands, satisfactory to the City Solicitor.

4.  City Council direct the City Solicitor to proceed with the preparation, execution, and registration of an Agreement with the owner pursuant to Section 37 of the Planning Act to secure the following matters, services, and facilities to be provided as community benefits and legal conveniences to support of the development:

a.  prior to the issuance of the first above-grade building permit for any part of the site, the owner shall make a cash payment to the City in the amount of $2.8 million to be allocated towards the acquisition of parkland and/or improvements to other parks and/or recreational facilities and/or streetscape improvements and/or other community projects in Ward 15, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate, in consultation with the Ward Councillor and the General Manager, Parks, Forestry and Recreation;

b.  the cash contribution referred to in Part 4.a above shall be indexed upwardly in accordance with the Statistics Canada Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment to the City;

c.  in the event that the cash contribution referred to in Part 4.a. above has not been used for the intended purposes within three (3) years after the date the amending Zoning By-law comes into full force and effect, the cash contribution may be redirected for another purpose or purposes, at the discretion of the Chief Planner and Executive Director, City Planning, or designate, in consultation with the Ward Councillor, provided that the purpose or purposes are identified in the Official Plan and will benefit the community in the vicinity of the lands;

d.  pursuant to the site plan control application process for the site but in any event prior to Site Plan Approval of the proposed development, the owner shall design an at-grade privately-owned publicly accessible open space reflective of the vision for the Park Street Loop as directed by the Yonge-Eglinton Secondary Plan to be located on the site abutting the Broadway Avenue frontage of the site to a minimum depth of 7.5 metres from the Broadway Avenue property line starting at the west property line of the subject lands and terminating at the west boundary of the on-site parkland dedication to be provided by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate;

e.  prior to the earlier of: i. registration of a condominium in respect of any part of the site; ii. the division of the lands by consent to sever; and iii. and the first residential occupancy of any part of the development, the owner shall register a grant of easement to the City, for nominal consideration, along, upon, over, and above the entirety of the privately-owned publicly accessible open space referred to in Part 4.d. above;

f.  pursuant to the site plan control application process for the site but in any event prior to Site Plan Approval of the proposed development, the owner shall design an at-grade walkway on the site between the on-site parkland dedication and the east property line with a minimum width of 1.3 metres and a minimum depth of 12.5 metres, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate;

g.  prior to the earlier of: i. registration of a condominium in respect of any part of the site; ii. the division of the lands by consent to sever, and iii. the first residential occupancy of any part of the development, the owner shall register a grant of surface easement to the City, for nominal consideration, along, upon, over, and above the entirety of the walkway on the site referred to in Part 4.f. above;

h.  pursuant to the site plan control application process for the site but in any event prior to Site Plan Approval of the proposed development, the owner shall provide an illumination plan for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, or designate; and

i.  prior to the issuance of the first above-grade building permit for any part of the site, the owner shall convey to the City the fee simple interest in the part of the site shown in yellow on the site plan in Confidential Attachment 3 to the report (April 27, 2021) from the City Solicitor to be used for the purpose of public parkland pursuant to Section 42 of the Planning Act and in accordance with the Toronto Municipal Code, Chapter 415, Article III, at no cost to the City and the said parkland dedication shall be free and clear above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

5.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Attachments 2, 3 and 4 to the report (April 27, 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 (April 27, 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. The balance of Confidential Attachment 1 to the report (April 27, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.