Item - 2019.CC9.11

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor and the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor and the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 and City Council direct that Confidential Attachments 2 and 3 remain confidential at the discretion of the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor and the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 5, 2019 from Goodmans LLP, attached as Confidential Attachment 2 to the report (July 5, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing of these matters to advise that City Council supports a settlement in principle of the Official Plan Amendment 343 and site specific Official Plan Amendment and Zoning By-law Amendment applications related to 995-1005 Broadview Avenue and 2-4 Mortimer Avenue, as generally shown in the architectural plans dated June 28, 2019 attached as Confidential Attachment 3 to the report (July 5, 2019) from the City Solicitor, subject to the following:

a.  a minimum of 15 percent of the dwelling units in the development shall be 2 bedroom units or larger and a minimum of 10 percent of the dwelling units shall be 3 bedroom units or larger, with a majority located within the base building as per the Growing Up Guidelines;

b.  loading requirements and vehicular parking ratios shall be addressed in a Transportation Impact Report Addendum, to the satisfaction of the General Manager, Transportation Services;

c.  stormwater management, functional servicing and hydrogeological issues shall be addressed in revised engineering reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  prior to the issuance of the final Orders from the Local Planning Appeal Tribunal on the related appeals:

i.  the Official Plan Amendment 343 for the site shall be finalized and in a form acceptable to the City Solicitor;

ii.  the site specific Official Plan Amendment and Zoning By-law Amendment reflecting City Council's decision shall be finalized to the satisfaction of the City Solicitor;

iii.  the Owner shall address all outstanding issues from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv.  the Owner shall prepare a revised Functional Servicing Report, a revised Stormwater Management Report and revised Hydrogeological Assessment, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

v.  the Owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

vi.  the Owner shall address all outstanding issues from Transportation Services, to the satisfaction of the General Manager, Transportation Services; and

vii.  the Owner shall prepare a revised Transportation Impact Assessment Addendum to the satisfaction of the General Manager, Transportation Services.

3.  City Council authorize and direct the City Solicitor to take the necessary action to give effect to Parts 1 and 2 above.

4.  City Council direct the General Manager, Transportation Services to review the intersection of Broadview Avenue and Mortimer Avenue for safety and operation as it relates to the existing traffic congestion at that intersection as well as the traffic impact to be generated by the development and to report to the Toronto and East York Community Council on any recommended changes to improve the safety and operation of that intersection if required.

5.  City Council direct the Applicant to amend its application to convert a minimum of one and up to three residential parking spaces to a car share or commercial/retail spaces or visitor parking spaces, to the satisfaction of and in consultation with the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and City Council authorize the City Solicitor to reflect this change in the settlement at the hearing before the Local Planning Appeal Tribunal.

6.  City Council request the Chief Planner and Executive Director, City Planning, together with the Applicant, to consult with the Toronto Public Library on the potential of leasing the proposed ground floor retail space to locate or relocate a library branch.

7.  In the event that the appeals for 995-1005 Broadview Avenue and 2-4 Mortimer Avenue are allowed at the Local Planning Appeal Tribunal, City Council request the General Manager, Transportation Services to report to the Toronto and East York Community Council on excluding the property located at 995-1005 Broadview Avenue and 2-4 Mortimer Avenue from Permit Parking Area 7K to ensure no future resident of 995-1005 Broadview Avenue and 2-4 Mortimer Avenue may obtain a parking permit in this permit parking area and to report on this exclusion by the October 10, 2019 meeting of the Toronto and East York Community Council.

8.  In the event that the appeals for 995-1005 Broadview Avenue and 2-4 Mortimer Avenue are allowed at the Local Planning Appeal Tribunal and prior to the issuance of the first building permit and in support of the future site plan control application, City Council require the applicant to submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and 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 of 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.

9.  In the event that the appeals for 995-1005 Broadview Avenue and 2-4 Mortimer Avenue are allowed at the Local Planning Appeal Tribunal, City Council direct that a local Construction Liaison Committee be established by the developer, in consultation with the Ward Councillor.

The balance of Confidential Attachment 1 to the report (July 5, 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.  Confidential Attachments 2 and 3 to the report (July 5, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the report (July 5, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.