Item - 2019.CC3.2

City Council on February 26, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 15, 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 (February 15, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (February 15, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (February 15, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the without prejudice Settlement Offer dated February 6, 2019.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 859 The Queensway (File 17 237625 WET 05 OZ), and attend any Local Planning Appeal Tribunal hearing in opposition to such appeal, and retain such experts as the City Solicitor may determine appropriate.

3. In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law Amendment until:

a.  a draft Zoning By-law Amendment is submitted to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and includes the following provisions:

i.  the vehicular parking ratios comply with the Policy Area 4 parking requirements of Zoning By-law 569-2013;

ii.  accessible parking spaces are provided in accordance with the supply and dimensional requirements of Zoning By-law 569-2013;

iii.  the loading spaces comply with the dimension requirements of Zoning By-law 569-2013; and

iv.  the following definition is included in the Site-Specific By-law:

A.  car-share means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership fees that may or may not be refundable; and

B.  car-share parking spaces means a parking space that is reserved and actively used for car-sharing;

v.  a minimum of 15 percent of the total number of residential units must be 2-bedroom units and 10 percent must be 3-bedroom or larger units; and

vi. a minimum of 2 square metres per unit residential unit of both indoor and outdoor amenity space is provided;

b.  the owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits to the satisfaction of the City Solicitor, in consultation with City Planning staff and the Ward Councillor, and the agreement has been executed and registered on title to the lands to the satisfaction of the City Solicitor;

c.  the owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager,Transportation Services;

d.  the owner has submitted revised Truck Maneuvering Diagrams to the satisfaction of General Manager, Transportation Services;

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

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

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

h.  the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study accepted by the General Manager, Transportation Services and the Functional Servicing, Hydrogeological and Geotechnical Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

i.  the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with Sewer Chapter 681-10;

j.  the owner has submitted a revised Pedestrian Wind Assessment, including a wind tunnel test to determine whether the recommended mitigation measures are effective, to the satisfaction of the Chief Planner and Executive Director, City Planning;

k.  the owner has provided a 1.9 metre road widening along The Queensway to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

l.  the owner has provided a 5 metre right-of-way rounding at the southwest corner of The Queensway and Plastics Avenue intersection to be conveyed through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

m.  the owner has provided a Peer Review of the Noise and Vibration Impact Feasibility Study prepared by J.E. Coulter Associates Limited by a third-party Noise and Vibration Consultant retained by the City at the applicant's sole cost and expense, and the applicant shall implement the noise and vibration control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process; and

n.  the owner has submitted an Air Quality Study prepared by an Air Quality Consultant, which will be Peer Reviewed by a third-party Air Quality Consultant retained by the City at the applicant's sole cost and expense, and the applicant shall implement the air quality control measures and recommendations identified through the Peer Review, with these measures to be secured through the Site Plan Control process.

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (February 15, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (February 15, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.