Item - 2019.CC13.3

City Council on December 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019)  from the City Solicitor, as amended by motion 1 by Councillor Gord Perks.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendix A to the report (December 10, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor were adopted, as amended, by City Council and are now public, as follows:

1.  City Council accept the settlement offer set out in Confidential Appendix A to the report (December 10, 2019) from the City Solicitor, subject to certain conditions set out below.

2.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing in support of the Zoning By-law Amendment application for 111 Pacific Avenue, as revised and described in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor, subject to the following conditions:

a. prior to the Local Planning Appeal Tribunal issuing its order, the owner shall enter into an agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, such Section 37 benefits to include:

A. 72 rental dwelling units or 10 percent of the number of the units for which site plan approval is received, at affordable rents as defined by the Canada Mortgage Housing Corporation (5 percent to be provided within existing rental buildings and 5 percent to be provided within the new rental buildings);

B. $200,000.00 for streetscape improvements;

C. $700,000.00 for improvements to local public parks;

D. $500,000.00 for public art;

E. $200,000.00 for non-profit daycare purposes within the vicinity;

F. Privately Owned Publicly Accessible Open Space (which may include a Dog Off Leash Area Privately Owned Publicly Accessible Open Space); and

G. two pedestrian easements for mid-block connections;

b.  prior to the Local Planning Appeal Tribunal issuing its order, the Owner shall submit revisions to the following studies:

A. a Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
B. a Traffic Impact Study and Parking Assessment to the satisfaction of the General Manager, Transportation Services;

 
C. a Natural Heritage Impact Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
D. a Hydrogeological Investigation and Geotechnical Investigation to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
E. a Tree Protection Plan to the satisfaction of General Manager, Parks, Forestry and Recreation;

 
F. a Toronto Green Standard Checklist to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 
G. a Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning; and

c.  prior to the Local Planning Appeal Tribunal issuing its order, if the findings of the studies noted in Part 2.b. above determine that off-site and/or on-site improvements and/or mitigation is required to support this development:

A. the Owner shall agree to enter into a  financially-secured development agreement for the design and construction of any required improvements to the municipal infrastructure to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and, or the General Manager, Transportation Services, and, or the General Manager, Parks, Forestry and Recreation: and

 
B. the Owner shall agree to implement any on-site mitigation measures as required.
 

3.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of and give effect to the settlement, including the Zoning By-law Amendment and any other related planning or other instruments or agreements; and to request that the Local Planning Appeal Tribunal approve the development in accordance with City Council's decision.

Confidential Appendix A to the report (December 10, 2019) 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 (December 10, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.