Item - 2021.CC37.3

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.

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 and City Council direct that the balance of Confidential Attachment 1 to the report (November 2, 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 (November 2, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the With Prejudice Settlement Offer dated October 28, 2021 for the lands municipally known as 717-733 Mount Pleasant Road in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 8, 2021 inclusive 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 With Prejudice Settlement Offer dated October 28, 2021 for the lands municipally known as 717-733 Mount Pleasant Road in Public Attachment 1 to the report (November 2, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor.

3.  City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement, pursuant to Section 37 of the Planning Act, in order to secure the following, to the satisfaction of the City Solicitor:

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

i.  an indexed cash contribution in the amount of one-million and six-hundred thousand dollars ($1,600,000.00), to be paid by the Applicant to the City prior to the issuance of the first above-grade building permit for the Site, and to be allocated for community improvements in the vicinity of the Site in Ward 15, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  the amount of the cash contribution referred to in Part 3 a.i. 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

iii.  in the event that the cash contribution in Part 3 a.i. 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; and

b.  the matters to be secured in the Section 37 Agreement as legal conveniences in support of the development are as follows:

i.  the design, construction, conveyance, and maintenance of lands by the Applicant to the City of Toronto, being 7.5 metres in width, at the rear of the Subject Site, as shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, for the purpose of a future north-south public laneway, free and clear of all encumbrances, as required by the Yonge-Eglinton Secondary Plan. Details of the design of the lane shall be secured through the site plan process, in accordance with the applicable City standards, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

ii.  the design, construction, installation, and ongoing maintenance by the Owner of the 1.5 metre wide landscaped buffer along the east lot line, located within the lands to be conveyed by the Applicant to the City for the new north-south public laneway referred to in Part 4.b.ii and as shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to the report (November 2, 2021) from the City Solicitor, the design of which shall be secured through the site plan process, all 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 final form and content of the proposed Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the City has received an executed Section 37 Agreement securing the benefits outlined in Part 3 above and the Section 37 Agreement has been registered on title to the Subject Site;

c.  the Applicant has submitted a revised Functional Servicing Report and Stormwater Management Report and Hydrogeological Report which address the items contained in the January 4, 2021 Memorandum from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the Applicant has submitted a revised Traffic Impact Study, Parking and Loading Study, and Waste Management Study, all  to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e.  the Applicant has submitted a full set of architectural plans, reflecting the settlement offer, for the Subject Site, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5.  City Council authorize the City Solicitor to take the necessary steps to implement 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.