Item - 2016.CC17.12

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 31, 2016) from the City Solicitor and City Council authorize the public release of the confidential instructions to staff and Appendix 3 in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor with the balance of Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor to remain confidential.

2. City Council direct that as part of the site plan process the owner shall 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, and in consultation with the Ward Councillor, will implement the plan during the course of construction.

3. City Council direct that the Chief Planner and Executive Director, City Planning to report back no later than the June 14, 2016 meeting of Etobicoke York Community Council on the feasibility of the following matters in consultation with Transportation Services and the Toronto Transit Commission, as necessary:

a.  a raised intersection at the entrances and exits from 251 Manitoba Street and at 200, 250 and 300 Manitoba Street and the potential for 4-way stop signs at this intersection;

b.  a bus route servicing Manitoba Street running easterly from Grand Avenue to Legion Road North, and continuing to meet Park Lawn; and

c.  a lay-by on both sides of Manitoba Street with short term parking.

The following confidential instructions to staff contained in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council authorize the City Solicitor to appear at the Ontario Municipal Board in support of a settlement on the basis of the plans provided in Appendix 3 in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor subject to the following conditions:

a.  the maximum height of the tower is 87 metres, plus mechanical penthouse and the mid-rise building has a maximum height of 35 metres plus mechanical penthouse;

b.  the floor plate of the tower has a maximum size of 750 square metres and complies with the City’s Tall Buildings guidelines;

c.  the maximum height of the podium is 13.5 metres;

d.  the overall density of the development shall be no more than 34,750 square metres and no more than 499 units;

e.  a minimum of 10 percent of the residential units shall be designated as larger suites, with at a minimum two bedrooms and a den;

f.  prior to the issuance of an Ontario Municipal Board Order relating to the Official Plan Amendment or Zoning By-law Amendment for the site, the following conditions shall be addressed to the satisfaction of the City Solicitor:

i.  evaluation, sorting and removal of contaminated soil from Parcel F, including removal or redistribution of the soil pile currently on Parcel F; and

ii.  execution of a satisfactory Section 37 Agreement which will include securing the following community benefits:

1.  A cash contribution in the amount of $1,200,000.00, to be applied to the provision of capital improvements to Grand Avenue Park, Mimico Creek Trail and/or public art within the Mystic Pointe community;

2.  Over and above the required automobile parking spaces, the provision on the site of two Car Share parking spaces for a period of not less than 20 years, subject to satisfactory arrangements being entered into with a car share operator;

3.  The Section 37 Agreement shall also secure the following matters:

a.  The owner 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 of October 26 and 27, 2009;

b.  The owner shall construct and maintain the development in accordance with the Noise and Vibration Impact Study, dated July 25, 2014, prepared by J.E. Coulter Associates Limited, which identifies that:  warning clauses in offers of purchase and sale are required for all residential units;  spandrel panels and non-functional through-the-wall grille assemblies along the south, east and west facades must be installed; and a minimum 1.8 metres high sold acoustic screen, along the south limit, must be provided to protect the at-grade outdoor amenity area associated with the proposed development;

c.  The owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues; and

d.  The owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development;

g.  Prior to the issuance of an Ontario Municipal Board Order relating to the Zoning By-law Amendment, the following conditions shall be addressed to the satisfaction of the Chief Planner and Executive Director, City Planning:

i.  the owner agrees to submit an updated Functional Services and Stormwater Management Report to the satisfaction of the Executive Director, Engineering and Construction Services;

ii.  the owner agrees to enter into an agreement with the City to design and construct a 2.1 metre municipal sidewalk along the south side of Manitoba Street, in accordance with the City of Toronto Urban Design Streetscape Manual and to the satisfaction of the Executive Director, Engineering and Construction Services and the General Manager, Transportation Services at no cost to the City; 

iii.  the owner agrees to submit a detailed wind tunnel or computational study completed with a statistical wind analysis to the satisfaction of City Planning; and

iv.  the owner agrees to submit an updated Conceptual Landscape Plan to the satisfaction of City Planning.

2.  The City agrees to enter into any necessary Limiting Distance Agreements with the owner for the City lands at nominal cost to the owner.

3.  City Council direct that, prior to Site Plan approval, reasonable arrangements are in place for the environmental remediation, design and partial construction of Legion Road North, at grade from south of Manitoba Street to the Canadian National Railway limit and ending in a cul-de-sac, subject to the submission of the Ministry of the Environment’s Letter of Acknowledgement of filing the Record of Site Condition confirming that the Record of Site Condition has been prepared and filed in accordance with O.Reg 153/04, as amended, all to the satisfaction of the Executive Director, Engineering and Construction Services.

4.  City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final order approving the Official Plan until such time as the City and the owner have presented to the Board draft by-law for the Official Plan Amendment.

5.  City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final order approving the Zoning By-law Amendment until such time as the City and the owner have presented to the Board draft by-law for the Zoning By-law Amendment.

Appendix 3 in Confidential Attachment 1 to the report (March 31, 2016) 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 31, 2016) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissions and it contains advice or communications that are subject to solicitor-client privilege.