Item - 2021.CC38.11

City Council on December 15, 16 and 17, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 7, 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 (December 7, 2021) from the City Solicitor at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. 

Confidential Attachment 1 to the report (December 7, 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 and information that is subject to solicitor-client privilege. The Confidential instructions to staff in Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

March 4, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1.  City Council accept the "with prejudice" settlement offer as described in Public Attachments 1 and 2 (the “Settlement Offer”) to the report (December 7, 2021) from the City Solicitor and subject to Parts 2 to 7 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 Settlement Offer for the lands municipally known as 933 – 935 The Queensway.

3.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor and shall provide for the following:

i.  a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit;

ii.  up to a maximum of 200 dwelling units, with any such dwelling units providing park and amenity space in accordance with the Zoning By-law; and

iii.  any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Compatibility/Mitigation Report satisfactory to the Chief Planner and Executive Director, City Planning;

b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 4 below and securing the matters required to support the development outlined in Part 5 below; and

c.  the owner has, at its sole cost and expense:

i.  submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii.  has secured the design and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii.  ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

iv.  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 Chapter 681;

v.  has secured any required noise mitigation measures identified in the submitted Noise and Vibration Impact Study, peer reviewed at the owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the owner shall construct and maintain any required noise mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.  has secured any required mitigation measures identified in the submitted Compatibility/Mitigation Report, peer reviewed at the owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the owner shall construct and maintain any required mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iv.  submitted a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning, and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council authorize the City Solicitor to enter into and register on title to the lands, one or more Agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor:

a.  a cash contribution of one million and two hundred thousand ($1,200,000.00) dollars to be allocated towards the streetscape improvements along The Queensway through the Shop The Queensway Business Improvement Area; traffic control and street (all street designations) improvement measures; improvements to local parks and trails located in local Ward, including Queensway Park and Mimico Park Trail; and/or public art (including heritage plaques) as identified by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

b.  the cash contributions referred to in Part 4.a. 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; and

c.  in the event the cash contributions referred to in Part 4.a. above have not been used for the determined purpose within three years of the amending Zoning By-law 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

5.  In the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development: 

a.  the owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development;

b.  the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site;

c.  the owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues; and

d.  a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms units.

6.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, to make any further reductions and/or revisions to the proposed development identified in Public Attachment 2 to the report (December 7, 2021) from the City Solicitor to address matters related to compatibility and mitigation as recommended by the peer reviewer through the accepted Compatibility/Mitigation Report all satisfactory to the Chief Planner and Executive Director, City Planning.

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