Item - 2021.CC37.2

City Council on November 9, 10 and 12, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor as amended by the Confidential Attachment to motion 1 by Councillor Josh Matlow. 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor, as amended by the Confidential Attachment to motion 1 by Councillor Josh Matlow, and City Council direct that the balance of Confidential Attachment 1 to the report (November 2, 2021) 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 (November 2, 2021) from the City Solicitor were adopted by City Council, as amended by the Confidential Attachment to motion 1 by Councillor Josh Matlow and are now public as follows:

1.  City Council accept the with prejudice Settlement Offer dated November 1, 2021, in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated October 18, 2021, in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, subject to the Parts below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the with prejudice Settlement Offer dated November 1, 2021, in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated October 18, 2021, in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor.

3.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

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

i.  an indexed cash contribution of $1,500,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Subject Property, to the satisfaction of the Chief Planner in consultation with the local Ward Councillor; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately-owned, publicly accessible spaces located along the southern and western frontages of the Subject Property as generally shown on the Revised Plans dated October 18, 2021, in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor and have a minimum depth of not less than 9 metres from the property line along Soudan Avenue and not less than 5 metres from the property line along Brownlow Avenue; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly accessible spaces lands to the City; the specific location, configuration, and design of the privately-owned, publicly accessible spaces area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the privately-owned, publicly accessible spaces and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned, publicly accessible spaces area, all at the Applicant's own expense;

ii.  the Applicant agrees to continue to work with the City through the Site Plan Approval process to refine the driveway design and consolidate the proposed curb cuts on Brownlow if possible, to the satisfaction of the General Manager, Transportation Services;

iii.  the Applicant agrees to implement through the Site Plan Approval process all wind mitigation measures identified in an updated report from a qualified wind consultant, including updated wind tunnel testing as may be required, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iv.  prior to the issuance of Site Plan Approval, the Applicant shall provide a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council instruct the City Solicitor to request the Ontario Land 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 proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 3 above, all to the satisfaction of the City Solicitor;

c.  all outstanding engineering matters identified in the memorandum from Engineering and Construction Services dated August 18, 2020, including providing an updated Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the Applicant has entered into an agreement or agreements or otherwise secured 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 Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; and

e.  the Applicant has provided to the City a letter from a qualified wind consultant confirming that the amendments to the west façade of the building will not result in adverse wind impacts, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council require, as a condition of accepting the Applicant's Settlement Offer dated November 1, 2021, that the Applicant provide to City staff, prior to the City Solicitor attending the Ontario Land Tribunal hearing on this matter in support of the revised proposal, further updated plans showing additional tree plantings at grade along the Soudan Avenue frontage of the Subject Property, and which also demonstrate appropriate soil volumes and depths to accommodate such trees, all to the satisfaction of the Chief Planner and Executive Director, City Planning; the final number, design, size and diameter, and location of these tree plantings shall be determined through the Site Plan Approval process for the proposed development, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (November 2, 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 (November 2, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.