Item - 2022.CC39.6

City Council on February 2 and 3, 2022, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor; and

b. Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer and direct the City Solicitor and staff to attend the Ontario Land Tribunal in support of the Revised Proposed.

2.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure benefits under Section 37 of the Planning Act as follows:

a.  a cash contribution of $1,500,000 to be allocated as follows;

i.  $250,000 towards streetscape improvements in the local area beyond the site; and

ii.  $1,250,000 towards for capital improvements for new or existing affordable housing in the vicinity of the site to the satisfaction of the Chief Planner, Executive Director, City Planning, in consultation with the local Councillor;

b.  the amount of the cash contribution in Part 2.a. 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 Owner to the City; and

c.  in the event that the cash contribution in Part 2.a. 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.

3.  City Council direct that the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development if approved by the Ontario Land Tribunal:

a.  the owner shall enter into an agreement to convey lands required for the cul-de-sac to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor;

b.  the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009.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 Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and

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.

4.  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 final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has provided a revised Transportation Impact Study including a revised Parking Justification, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

c.  the owner has provided accessible parking spaces in accordance with the supply and dimensional requirements in Section 200.15 of City-wide Zoning By-law 569-2013 as amended by By-law 579-2017 to the satisfaction of the General Manager, Transportation Services;

d.  the owner has provided all regular parking spaces, accessible parking spaces, and a minimum of one (1) Type 'G' loading space for the project in accordance with the dimensional requirements noted in Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

e.  the owner has submitted revised drawings illustrating the conveyance of lands required for the cul-de-sac satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

f.  the owner has submitted 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, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g.  the owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City of Toronto for the design and construction of the cul-de-sac and any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

h.  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 Chapter 681, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

i.  the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

j.  the owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation;

k.  the submitted Noise and Vibration Feasibility Study, has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

l.  the submitted revised Rail Safety Assessment, has been peer reviewed by a third-party retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

m.  the submitted Rail Safety Assessment has been reviewed to the satisfaction of Metrolinx;

n.  the owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning;

o.  the owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

p.  community benefits and other matters in support of the development have been secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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

Confidential Appendix 1 to the report (January 25, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.