Item - 2022.CC41.14

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

1. City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Mark Grimes.

2. City Council direct that the confidential instructions to staff adopted by City Council be made public.

3. City Council direct that Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remain confidential.

The confidential instructions to staff attached to motion 1 by Councillor Mark Grimes were adopted by City Council and are now public as follows:

 1. City Council accept the with prejudice Settlement Offer dated March 1, 2022, in Public Attachment 1 to the report (March 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated March 1, 2022, in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor, in principle, subject to the further amendments described in Parts 2 and 3 below.

2. City Council require as a condition of settlement that the Applicant further amend the proposed development as generally shown on the Revised Plans dated March 1, 2022, in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor, and submit update architectural plans to the City before the Ontario Land Tribunal hearing for this matter showing the following changes, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor: 

 a. reduce the height of the 18-storey tower component by removing 2 storeys from the tower for a new maximum height of 16-storeys;

b. increase the height of the 6-storey component by adding 1 additional storey for a new maximum height of 7-storeys, with the new 7th storey having south and east stepbacks from the top of the 6th storey of a minimum 3 metres along and wrapping around the corner of Bloor Street Avenue West and Montgomery Road and having a north stepback of a minimum 1 metre from the top of the 6th storey that matches the north stepback of the 10-storey component; and

c. the amended plans, as described above, shall additionally demonstrate that there are no shadow impacts from the further revised building on the Neighbourhood designated properties north of the Subject Site along Montgomery Road.

3.  City Council accept, if the Applicant makes the further amendments described in Part 2 above, a Section 37 community benefit from the Applicant of an indexed cash contribution of $2,690,000 to be secured in a Section 37 Agreement as set out in Part 5 below.

4.  City Council, if the Applicant makes the further amendments described in Recommendation 2 above, authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised settlement proposal as modified by Parts 2 and 3 above.

5.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

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

i.  an indexed cash contribution of $2,690,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated for local area improvements in the vicinity of the Subject Property, to the satisfaction of the Chief Planner in consultation with the local Ward Councillor;

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

i. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and the City Solicitor, a privately-owned, publicly-accessible space ("POPS") located along the southeastern frontages of the Subject Property at the corner of Montgomery Road and Bloor Street West as generally shown on the Revised Plans dated March 1, 2022, in Public Attachment 2 to the report (March 2, 2022) from the City Solicitor and have a minimum area of not less than 200 square metres; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly-accessible space lands to the City;  the specific 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, Etobicoke 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;

ii.  the Applicant shall agree to convey all lands below the proposed top-of-bank, within the 10 metre buffer adjoining the top-of-bank, and north of the Toronto Transit Commission subway tracks to the Toronto and Region Conservation Authority;

iii.  the Applicant 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 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 PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time;

iv.  the Applicant 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 the provision of a construction management plan to address student safety; and

v.  the location, design, and construction of off-site sidewalk improvements by the Applicant to be funded by a development charge credit and funding allocated from Transportation Service's capital budget as described in Part 9 below.

6.  City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing the following:

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

b.  direction that the applicable community benefits and other matters in support of the development identified in Part 5, above, are to be secured in a Section 37 Agreement executed by the Applicant and the City and registered on title to the Subject Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7.  City Council authorize the City Solicitor to require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, further authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor:

a.  the Applicant has submitted all identified revisions required to submission materials related to site servicing and a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow, and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b.  the Applicant has provided a revised Urban Transportation Considerations Report including a revised Transportation Demand Management Plan, satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

c.  the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

d.  the Applicant 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 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

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

f.  the Applicant 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;

g.  the Applicant 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;

h.  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 Applicant's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i.  the Applicant has satisfied the requirements of the Toronto Region and Conservation Authority regarding requested revisions to reports.

8.  City Council authorize the City Solicitor to request that the Ontario Land Tribunal adjourn the Applicant's Site Plan Control application appeal sine die.

9.  City Council approve a development charge credit and funding allocated from Transportation Service's capital budget for the design and construction by the Applicant of off-site sidewalk improvements to the existing sidewalk along the west side of Montgomery Road, between the north end of the Subject Site to Belvedere Boulevard, in amounts to the satisfaction of the Chief Financial Officer and the General Manager, Transportation Services;  City Council further authorize such funds to be advanced to the Applicant for such off-site sidewalk improvements to the satisfaction of the Chief Financial Officer and the General Manager, Transportation Services; the off-site sidewalk improvements shall comprise raising the level of the existing sidewalk and providing a curb edge to ensure clear and safe separation from the roadway;  the location, design, and construction of such off-site sidewalk improvements by the Applicant shall be to the satisfaction of the General Manager, Transportation Services, and shall be secured as a matter of legal convenience in the Section 37 Agreement authorized by City Council in Part 5 above, or such other agreement as may be required, all to the satisfaction of the City Solicitor, Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor; the off-site sidewalk improvements shall be constructed prior to any occupancy of the proposed redevelopment of the Subject Site and shall be constructed concurrently with any public realm improvements otherwise required to be undertaken by the Applicant secured as part of the redevelopment of the Subject Site through the site plan approvals process.

10.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.