Item - 2022.CC41.13

City Council on March 9, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 2, 2022) 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 (March 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the “without prejudice” settlement offer as described in Public Attachment 1 and Public Attachment 2 (the "Settlement Offer") to the report (March 2, 2022) from the City Solicitor and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal case management conference on this matter in support of the Settlement Offer for 630-686 Finch Avenue East (the "Site").

3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, 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 Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner 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 and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the residential visitor parking rate has been resolved to the satisfaction of the General Manager, Transportation Services; and

e. 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 satisfaction of the City Solicitor, securing the community benefits and matters of legal convenience to support the development described in Part 5 below.

4.  In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order(s) on the Site Plan Control application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

 a. the City has issued Notice of Approval Conditions to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

a. the community benefit offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement is as follows:

i. an upwardly indexed cash contribution of two million four hundred thousand dollars ($2,400,000.00) to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for improvements to local parks and/or community facilities in the vicinity of the Site, including improvements to the Toronto Public Library - Hillcrest branch, to be determined by the Chief Planner and Executive Director, City Planning, consultation with the Ward Councillor; and

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

i. the owner 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 Space approximately 537 square metres in size located along Banstock Drive as shown in the Revised Plans in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor; the owner shall convey for nominal consideration an easement along the surface of the Privately-Owned Publicly Accessible Space lands to the City; the specific size, location, configuration, and design of the Privately-Owned Publicly Accessible Space 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, North York District; the Applicant shall own, operate, maintain, and repair the Privately-Owned Publicly Accessible Space 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 Space area, all at the Applicant's own expense; and

ii. the owner will provide a publicly accessible pedestrian mid-block connection at ground level through the proposed building from Finch Avenue East to Banstock Drive (the “Midblock Connection"), to be secured by means of a surface pedestrian public easement, and to include access to the mid-block connection elevator, in the location as generally shown on the Revised Plans found at Public Attachment 2 to the report (March 2, 2022) from the City Solicitor, the final location and design of which will be secured as part of and through the Site Plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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

The balance of Confidential Attachment 1 to the report (March 2, 2022) 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 (March 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.