Item - 2022.CC47.35

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 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 (July 12, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 12, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

July 28, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (July 12, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the settlement offer attached as Confidential Appendix A to the report (July 12, 2022) from the City Solicitor and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the settlement, conditional on the matters being addressed as set out in Part 2 below, provided that:

a. the Owner will orient all bedroom units to the north, south, and east, with no bedroom windows facing the west lot line, unless it is demonstrated to the satisfaction of the Chief Planner and Executive Director, City Planning this is not achievable and/or desirable, in which case the owner will explore reducing the number of units or bedrooms, increasing building setbacks to meet the Midrise Performance Guidelines and/or lastly, alternative window treatments or configurations (for example clerestory windows) on the west building face to address overlook/privacy to neighbouring properties to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured through the site plan process; and

b. no windows will be located to the west face of the building up to and including the 4th storey medical floor uses as depicted in the submitted architectural plans; in implementing this change the Owner may redesign the building to present a party wall/0 metre setback condition to the west property line.

2. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its order with respect to the Official Plan and Rezoning appeal 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 Amendment and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memorandum dated June 9, 2020, or as may be updated, in response to further submissions filed by the Owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City to the satisfaction of, the Chief Engineer and Executive Director, Engineering and Construction Services to ensure the municipal water, sanitary and storm sewer systems can support the proposed development and to identify any required upgrades or improvements to existing municipal infrastructure;

d. in the event the updated Functional Servicing Report, Groundwater Report, Stormwater Management Report, or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrades or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the site plan application has been revised to address Part 1 above to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. As a condition of Site Plan Approval to implement the Official Plan and Zoning By-law Amendment, City Council instruct staff to secure the following matters:

a. the City will secure landscaping and tree planting generally in accordance with the attached June 30, 2022 landscape plans, with the species planting list and plant densities being to the satisfaction of the City’s Ravines and Natural Features department;

b. payment of cash-in-lieu compensation for trees to be removed from the Subject Lands to allow for the development (based on a rate of $583 per tree) that cannot be incorporated in the accepted landscaping plan and planted on the site;

c. the owner must enter into a mutual access agreement for the shared driveway, including demonstrating reciprocal easements have been granted, to permit access between the subject site and the adjacent property at 1304 Wilson Avenue; and

d. if mutual driveway access is not proposed the owner will be required to provide a 6 metre drive aisle on the site or otherwise demonstrate the site access and vehicle manoeuvring is functional, to the satisfaction of the General Manager, Transportation Services.

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

Confidential Appendix A to the report (July 12, 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 (July 12, 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 12, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.