Item - 2022.CC42.13

City Council on April 6 and 7, 2022 adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 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.

4. City Council authorize the public release of Confidential Attachments 2 and 3 to the report (March 29, 2022) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated March 25, 2022, attached as Confidential Attachment 2 (the "Settlement Offer") to the report (March 29, 2022) from the City Solicitor, as reflected in the corresponding revised architectural settlement plans dated February 18, 2022, and attached as Confidential Attachment 3 (the "Revised Plans") to the report (March 29, 2022) from the City Solicitor, in respect of the appeal of the Zoning By-law Amendment application for 126-132 Laird Drive (the "South Lands") (Application 20 181262 NNY 15 OZ)  and 134 Laird Drive (the "North Lands") (Application 20 181297 NNY 15 OZ) and the related site specific appeal of Official Plan Amendment 450 (in Tribunal File: PL200367) subject to Parts 3 to 5 below.

2. City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal hearing in support of the Settlement Offer subject to Parts 3 to 5 below.

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

a. the Zoning By-law Amendment(s) are in final form and content to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner has submitted a payment to the satisfaction of the City for signal timing modifications to the Laird Drive/Commercial Road intersection as recommended in the Transportation Impact Study, dated August 2020, by Trans-Plan;

c. the owner has submitted a complete resubmission of the application to be circulated to relevant divisions and agencies, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. a Section 37 agreement has been executed and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning, in a form satisfactory to the City Solicitor, to secure community benefits in the form of a cash contribution payment in the combined total amount of $850,000, for the North Lands and the South Lands, to be paid prior to the issuance of the first above-grade building permit, to be allocated to local improvements at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, in accordance with the Planning Act before it was amended by Bill 108 and Bill 197, as well as any matters of legal convenience to support the development as follows:

i. the cash contribution referred to in Part 3.d. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential 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 Section 37 Agreement to the date of payment;

ii. in the event the cash contribution referred to in Part 3.d. above has not been used for the specified purpose within three (3) years after the Zoning By-law coming into full force and effect, the cash contributions 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;

iii. as part of the site plan approval process for the proposed developments on the North and South Lands, the owner will work with City staff to:

a. explore further reductions to the height of and area required for the mechanical equipment located on the rooftop;

b. introduce a combination of gateway landscape and streetscape improvements including seating, material treatments, and glazing, to ensure a comfortable public realm at the corners of Laird Drive and Stickney Avenue, while ensuring the townhouses have sufficient privacy;

c. determine an approach to document and archive the existing use of the North Lands, including any opportunity for a plaque or equivalent commemoration at the southeast corner on the North Lands;

d. explore the potential elimination of existing utility poles on the lands adjacent to the South Lands and the North Lands; and

e. confirm the status of any existing Toronto Water infrastructure on site, and to cap and/or remove decommissioned infrastructure as may be required; and

iv. Travel Demand Management Measures to the satisfaction of the Chief Planner and Executive Director, City Planning as follows:

a. prior to issuance of the first Above-Grade Building Permit for the North Lands or South Lands, the owner shall make a one-time total contribution to the City in the amount of Fifty Thousand Dollars ($50,000.00) towards the installation of one bike-share station in the area;

b. the owner shall provide and maintain, as part of Site Plan Approval, a minimum of 2 publicly accessible car-share parking spaces in locations satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services;

c. the owner shall provide and maintain real-time transportation screens in locations (one screen per building), through Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services;

d. the owner shall provide and maintain bike repair stations in locations (a minimum of one bike repair station per building), through Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services; and

e. the owner shall provide proof of purchase and distribution of 1-year car share memberships to all first-time residential unit owners to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to settle Leaside Residences I LP's site-specific appeal of Official Plan Amendment 450 (in Tribunal File PL200367) by way of site specific relief to Official Plan Amendment 450 (SASP 568) specifying that policies 7.5 and 9.10 do not apply to the lands at 126-132 and 134 Laird Drive, in a form to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

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

Confidential Attachments 2 and 3 to the report (March 29, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 29, 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 29, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.