Item - 2016.CC17.1

City Council on March 31 and April 1, 2016, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor as amended by the confidential instructions to staff in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] as amended, and by the confidential instructions to staff in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] as amended.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor as amended, and City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor remain confidential at the discretion of the City Solicitor.

3.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] as amended and City Council direct that the balance of Confidential Attachment 1, Schedule A and Schedule B to the report (March 31, 2016) from the City Solicitor [CC17.1a] remain confidential at the discretion of the City Solicitor.

4.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] as amended, and City Council direct that the balance of Confidential Attachment 1 and Schedule A to the report (March 31, 2016) from the City Solicitor [CC17.1b] remain confidential at the discretion of the City Solicitor.

The following confidential instructions to staff contained in Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor, as amended by the confidential instructions to staff in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] as amended, and by the confidential instructions to staff in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] as amended, were adopted by City Council and are now public:

1.  City Council instruct the City Solicitor to settle the appeals of OPA 271 and Zoning By-law No. 1011-2014 generally on the terms set out in Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor as amended, Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] as amended, and Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] as amended, and to work with other City Staff and appellants on finalizing the final form of all implementing documents.

2.  City Council accept the without prejudice offer to settle generally as set out in the letter dated February 26, 2016 from the solicitors of the owners of 275 Albany Avenue and 420 Dupont Street, conditional upon:

a.  the redirection of the Section 37 contribution as follows:

i.  10 percent of the total amount for the provision of new affordable housing in Ward 20;

ii.  10 percent of the total amount for capital repairs to existing Toronto Community Housing building in Ward 20; and

iii.  80 percent of the total amount for parkland improvements and/or public realm improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation and/or the General Manager, Transportation Services, in consultation with the Ward Councillor and local community; and

b.  the inclusion of the following provision in the Section 37 Agreement:

Prior to the issuance of the first building permit, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, details regarding size and location of construction staging areas, dates and significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary.

3.  City Council direct the City Solicitor and other appropriate staff or consultants to attend at the Ontario Municipal Board hearing in support of the revised development proposal for 275 Albany Avenue and 420 Dupont Street and terms of settlement, as amended.

4.  City Council accept the without prejudice offer to settle generally as set-out in the letters dated February 26 and 29, 2016 as further amended by a letter dated March 23, 2016 from the solicitors of the owners of 840 and 860 Dupont Street, with the effect of reducing the overall height by 0.77 metres, conditional upon:

a.  the redirection of the Section 37 contribution as follows:

i.  10 percent of  the total amount for the provision of new affordable housing in Ward 19;

ii.  10 percent of the total amount for capital repairs to existing Toronto Community Housing building in Ward 19; and

iii.  80 percent of the total amount for parkland improvements and/or public realm improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation and/or the General Manager, Transportation Services, in consultation with the Ward Councillor and local community; and

b.  the inclusion of the following provision in the Section 37 Agreement:

Prior to the issuance of the first building permit, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, details regarding size and location of construction staging areas, dates and significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary.

5.  City Council direct the City Solicitor and other appropriate staff or consultants to attend at the Ontario Municipal Board hearing in support of the revised development proposal for 840 and 860 Dupont Street and terms of settlement, as amended.

6.  City Council accept the without prejudice offer to settle generally as set out in the letters dated February 29, 2016 and March 1, 2016 as further amended by a letter dated March 31, 2016 from the solicitors of the owners of the 500 Dupont Street, conditional upon:

a.  the redirection of the Section 37 contribution to public realm improvements and/or parkland improvements in the neighbourhood to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Parks, Forestry and Recreation and/or the General Manager, Transportation Services, the Ward Councillor and local community; and

b.  the inclusion of the following provision in the Section 37 Agreement:

Prior to the issuance of the first building permit, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, details regarding size and location of construction staging areas, dates and significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary.

7.  City Council direct the City Solicitor and other appropriate staff or consultants to attend at the Ontario Municipal Board hearing in support of the revised development proposal for 500 Dupont Street and terms of settlement, as amended.

8.  City Council instruct the City Solicitor and the Chief Planner and Executive Director, City Planning to continue discussions with the owner of 650 Dupont Street to develop a site specific policy and zoning by-law, as necessary, for the property generally in accordance with the without prejudice offer to settle dated March 1, 2016 from the solicitors of the owners of 650 Dupont Street.

9.  City Council authorize the City Solicitor to take all necessary steps to implement the directions set out in Council's decision, including finalizing all necessary implementing documents generally in accordance with the terms set out in the settlement offers and Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor as amended and its attachments, Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] as amended, and Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] as amended, with such documents to be to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

10.  City Council direct the City Solicitor to ask the Ontario Municipal Board to amend OPA 231 to allow the settlement of OPA 271 to proceed in conformity with the official plan.

Confidential Attachments 2 to 5 in Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor, Schedules A and B in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] and Schedule A in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 1, 2016) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation that affects the City and it contains advice or communications that are subject to solicitor-client privilege.

The balance of Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1a] remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation that affects the City and they contains advice or communications that are subject to solicitor-client privilege.

The balance of Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor [CC17.1b] remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation that affects the City and it contains advice or communications that are subject to solicitor-client privilege.