Item - 2021.CC35.17

City Council on July 14, 15 and 16, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (July 5, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer as outlined in the correspondence from Goodmans LLP dated July 2, 2021 (the Settlement Offer), being Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor, subject to the Parts 2 to 4 set out below.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to support the Settlement Offer at the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal).

3.  In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as:

a.  the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Zoning By-law Amendment has been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and has been provided to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal);

b.  the Owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits as contemplated in the Settlement Offer, as well as other matters of legal convenience as set out herein, and to secure a cash contribution of $550,000, to be directed toward local improvements in the vicinity of the site, including but not limited to:

- streetscape improvements in the vicinity of the site, including upgrades to the Bloor West Bike-Lanes through The Kingsway Shopping District;

- local park improvements;

- contribution to the Local Kingsway Business Improvement Area for capital improvements; and

- local traffic-calming measures;
 

all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local councillor, to be detailed through the Section 37 Agreement;

c.  the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the report will determine whether the existing municipal water, sanitary and storm sewer systems can support the proposed development or upgrades are required;

d.  the Owner has submitted a Hydrogeological Report to the satisfaction of the General Manager, Toronto Water;

e.  the Owner has entered into a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the Owner has provided space within the development for 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 the Sewers By-law Chapter 681-10;

g.  the Owner has agreed to provide through the Site Plan Control process a road widening of 0.4 metres along the Bloor Street West frontage of the property and a laneway widening of 1.67 metres across the rear of the site abutting the laneway; and

h.  the Owner has submitted a Revised Transportation Impact Study and Parking Study, to the satisfaction of the General Manager, Transportation Services to demonstrate whether the existing road network can support the proposed development, whether road improvements of the existing municipal infrastructure are required and the provision of acceptable parking for the development.

4.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

Confidential Attachments 2 and 3 to the report (July 5, 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 (July 5, 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 (July 5, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.