Item - 2019.CC10.11

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 2019) 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 (September 25, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment application in its current form for the property at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue.

2.  City Council require that on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, in the event that the appeal is allowed in whole or in part by the Local Planning Appeal Tribunal.

3.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (September 25, 2019) from the City Solicitor and in the Request for Directions report (June 29, 2018) from the Director, Community Planning, Etobicoke York District (Item 2018.EY32.16) and to report back to City Council on the outcome of discussions, if necessary.

4.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City;

b.  City Council has addressed the Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the existing rental dwelling units on the subject lands; and the owner has agreed to provide an acceptable Tenant Relocation and Assistance Plan, all of the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  the owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has submitted a revised Community Services and Facilities Study to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e.  the owner has entered into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning for the purpose of securing appropriate community benefits to be based on the value of additional height and/or density beyond what is permitted by the current Zoning By-law, to be registered on title to the lands at 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue, and include community benefits that have been identified as being priorities for this are through the High Park Apartment Neighbourhood Area Character Study.

5.  Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council request that the following matters also be secured in a Section 37 Agreement for the development as a legal convenience:

a.  the owner shall provide a 2.1 metre sidewalk along each frontage abutting the site, subject to preservation of existing mature trees where feasible, to be secured through the Site Plan Control review process;

b.  the existing rental housing units which have affordable and mid-range rents, as rental housing;

c.  needed improvements to the existing rental apartment site, without pass-through costs to existing tenants, and access to new indoor and outdoor amenities for all on-site residents;

d.  a construction mitigation strategy and a communication plan to reduce impacts on remaining tenants;

e.  the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues;

f.  the requirements of the Toronto Transit Commission, including moving the existing Toronto Transit Commission stop on High Park Avenue at Glenlake Avenue, accommodating the Toronto Transit Commission bus's accessibility ramps; provision of revised plans with setback requirements; warning clauses and other requirements as noted in the Toronto Transit Commission comments along with identified payments;

g.  a minimum of 10 percent of all units to be shown on the plans for the development as three-bedroom units;

h.  an on-site dog relief area with proper disposal facilities for existing and new residents or a dog relief station within the building;

i.  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;

j.  the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; and

k.  revisions to the Noise Study as may be required through the peer review process, such peer review process to be paid for by the owner, that identify all mitigation measures to be undertaken for this development to be incorporated into the recommendations in the site design.

6.  In the event the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

7.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (September 25, 2019) 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 (September 25, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.