Item - 2021.CC36.9

City Council on October 1 and 4, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor, as amended by motion 2 by Councillor John Filion.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor, as amended by motion 2 by Councillor John Filion.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (September 21, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2021) from the City Solicitor, as amended by motion 2 by Councillor John Filion, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated September 17, 2021 attached to the report (September 21, 2021) from the City Solicitor as Confidential Appendix A, and the revised architectural plans substantially in accordance with Confidential Appendix B to the report (September 21, 2021) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Revised Proposal"), subject to an increase in the Section 37 contribution from two million two hundred and fifty thousand ($2,250,000) to two million nine hundred thousand ($2,900,000) dollars.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the revised development proposal, generally described in the settlement offer and the revised plans substantially in accordance with Confidential Appendices A and B to the report (September 21, 2021) from the City Solicitor.

3. Should the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

a. the final form and content of the Zoning By-law Amendments are to the satisfaction of 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;

b. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) registered on title to 6080 Yonge Street and 11 Homewood Avenue Road, in a manner satisfactory to the City Solicitor to secure the community benefits and matters of legal convenience at the owner's expense, as set out in Part 4 below; and

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

i.  addressed the outstanding comments identified in the memorandum dated August 28, 2020 from the Manager, Development Engineering, Engineering and Construction Services, including an updated Functional Servicing and Stormwater Management Report that addresses staff's concerns; and

ii.  designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report and Hydrogeological Assessment to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Assessment, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

4. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor:

a. the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows:

i. a cash contribution of two million nine hundred thousand ($2,900,000) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Site and to be allocated toward local community improvements, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

ii.  the cash contributions referred to in Part 4 a. i. above, shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

iii.  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 City Council from time to time; and

iv .  the owner shall implement any required recommendations and/or mitigation measures from the accepted Environmental Noise and Vibration Assessment Report, wind study analysis, Traffic Impact Study, Traffic Demand Management Plan, Landscape Plan, Parking and Loading Study, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

The balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (September 21, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation. The balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (September 21, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.