Item - 2021.CC38.7

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 (November 29, 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 29, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 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 29, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the revised settlement offer dated November 22, 2021, in Public Appendix A to the report (November 29, 2021) from the City Solicitor, from Aird and Berlis LLP (the "Revised Settlement Proposal"), and the revised plans dated June 1, 2021, in Public Appendix B to the report (November 29, 2021) from the City Solicitor, prepared by IBI Group Architects, subject to the Parts set out 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 relating to 2793, 2795-2799 Bathurst Street as set out in the Revised Settlement Proposal dated November 22, 2021, in Public Appendix A to the report (November 29, 2021) from the City Solicitor, and as generally shown on the revised plans dated June 1, 2021, in Public Appendix B to the report (November 29, 2021) from the City Solicitor.

3.  City Council direct the City Solicitor to request the Ontario Land Tribunal to continue to withhold its Final 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 owner has entered into a Section 37 Agreement to secure:

a. Section 37 benefits in the amount of $1,081,723.84 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for local area park improvements in Ward 8 and/or public realm improvements along Bathurst Street in Ward 8;

b. the cash contribution will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication Number 327-0058, or its successor, calculated from the date of the Ontario Land Tribunal decision to the date of payment; and

c. other matters as a matter of legal convenience, including road improvements to Glencairn Avenue to support the proposed development, such as a new eastbound left turn lane into the site and the Rental Housing Declaration of Use and Screening form submitted by the applicant that has been approved by the Chief Planner and Executive Director, City Planning;

B.  all the outstanding comments and requirements within the Engineering and Construction Services Memorandum dated March 7, 2018, as well as the following requirements, have been addressed by the owner to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services:

a.  the Hydrogeological report is revised to satisfactorily address the quality of discharge to meet sewer by-law requirements;

b.  the Hydrogeological report is revised to satisfactorily provide an analysis of construction dewatering quantities or alternatively describes how construction dewatering will not require discharge to a city sewer (short-term);

c.  the Hydrogeological report is revised to satisfactorily provide an analysis of construction dewatering quantities for the proposed building (long-term) including any certification letters required by the City;

d.  the Mechanical Engineer designs and provides the groundwater pump peak discharge rate for the proposed Private Water Drainage System;

e.  provision of storm sewer analysis for the storm sewer on Glencairn Avenue up to the connection point where it joins the existing connection coming from Forest Wood Storm Sewer;

f.  submission of a Sanitary Sewer Analysis, including a complete drainage area plan with populations and detailed explanation of infiltration rate source and HGL analysis and profiles;

g.  submission of a Hydrant Pressure and Volume Test;

h.  submission of a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

i.  the owner has entered into a financially secured Agreement for the design and construction of any improvements to the municipal infrastructure, should it be determined that infrastructure upgrades are required to support the development, according to the Functional Servicing Report, Stormwater Management Study, Sanitary Sewer Analysis and Hydrant Pressure and Volume Test accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

j.  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; and

k.  financial securities have been provided and any agreements have been entered into to complete the work prior to the first above grade building permit as required by the City, to secure any upgrades or required improvements to the existing municipal infrastructure identified in the reports required to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Transportation Services;

C.  the final form and content of the Zoning By-laws are satisfactory to the City Solicitor; and

D.  an Order is issued in Ontario Land Tribunal matter PL180719 approving the Official Plan Amendment for the subject lands.

4.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to take such actions as necessary to finalize the elements of the settlement, including the Zoning By-law and any other related planning instruments, and City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning  to request the Ontario Land Tribunal to approve the development in accordance with City Council's decision.

The balance of Confidential Attachment 1 to the report (November 29, 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 29, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.