Item - 2022.CC42.14

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.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (March 29, 2022) from the City Solicitor.

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.

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

1. City Council approve the revised development proposal submitted to the City on  May 28, 2020 and March 10, 2021 substantially in accordance with the architectural plans prepared by Icon Architects dated January 27, 2021 (the "Revised Proposal") as described in the report (March 29, 2022) from the City Solicitor and subject to the Parts below.

2. City Council accept the "without prejudice" settlement offer described in Confidential Attachment 1 and Confidential Appendix A (the "Settlement Offer") to the report (March 29, 2022) from the City Solicitor and subject to the Parts below.

3. 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 Revised Proposal for 2370 Finch Avenue West (the "Site") and the Settlement Offer.

4. 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 Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendment and the proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the proposed Zoning By-law Amendments shall include the existing holding ("H")  conditions identified in Section 27(11)(a)(ii) of Zoning By-law 7525, as amended, on the Site, including revisions as required, with the hold symbol not to be lifted until the following conditions are satisfied:

i. the owner submits a Traffic Impact Study and Traffic Certification Report to the satisfaction of the General Manager, Transportation Services;

ii. the owner submits Environmental Site Assessments and certification to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. the owner submits a Preliminary Engineering Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv. the owner submits a Noise and Vibration Study, peer reviewed by a third party, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

v. the owner submits a Development Plan to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. 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;

d. 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; 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.

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 by the owner in the Settlement Offer in conjunction with the Revised Proposal and recommended to be secured in the Section 37 Agreement is as follows:

i. prior to the issuance of the first above-grade building permit for the proposed development, the owner shall make an upwardly indexed contribution to the City of seven hundred and fifty thousand dollars ($750,000.00), to be allocated towards capital facilities in the Emery Village Secondary Plan area, to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

ii. in the event the cash contribution noted in Part 5.a.i. above has not been used for its intended purpose within three years of the Zoning By-law Amendments 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(s) is/are identified in the Official Plan and will benefit the community in the vicinity of the Site;

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 will construct and maintain the proposed development in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of the Toronto Green Standards applicable at the time of the site plan application for each building on the Site;  

ii. prior to the issuance of the first building permit for the proposed development, the owner has made a cash-in-lieu payment for the sidewalk construction along the Finch Avenue West and future Emery Village Road 2A property frontages on the Site to the satisfaction of the General Manager, Transportation Services; and

iii. the items listed in Part 6 below.

6.  Prior to Site Plan approval, the owner shall:

a. implement the mitigation measures identified in the peer reviewed Noise Impact Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. implement the mitigation measures identified in the Pedestrian Wind Study prepared by SLR, dated October 16, 2020, to the satisfaction of the Chief Planner and the Executive Director, City Planning;

c. 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; 

d. provide space within the proposed 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 68-10; and

e. submit a gas investigation report with a certified letter, signed and stamped by a qualified person, to state whether or not there is methane gas detected at or above one percent volume in air, at any subsurface locations on the Site, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
 

7. 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.

Confidential Appendix A to the report (March 29, 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 (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.