Item - 2019.CC9.21

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 8, 2019) from the City Solicitor, as amended by motion 1 by Councillor John Filion.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor John Filion, and Confidential Appendices A and B to the report (July 8, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor, as amended by motion 1 by Councillor John Filion, were adopted by City Council and are now public, as follows:

1.  City Council accept the “without prejudice” settlement offer as described in Confidential Appendices A and B (the “Settlement Offer”) to the report (July 8, 2019) from the City Solicitor and subject to Parts 2 to 8 below.

2. City Council direct that the Settlement Offer be reviewed to address a 45-degree angular plane measured from the northern property line adjacent to the proposed development, so as to maintain the intent and purpose of the Townhouse and Low Rise Apartment Guidelines, with permitted minor projections, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

3.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Settlement Offer.

4.  City Council accept, should the Local Planning Appeal Tribunal approve the proposed Official Plan and Zoning by-law Amendments, an on-site parkland dedication that is a minimum of 539 square metres pursuant to Section 42 of the Planning Act and Chapter 415, Article III, of the Toronto Municipal Code (the “Statutory Parkland”), in the general location identified as the Park Block, as identified in Confidential Appendix B to the report (July 8, 2019) from the City Solicitor, to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, in addition to the following below:

a.  City Council also accept an on-site dedication of land for park purposes, provided by the owner, in-kind to the City, of approximately 248 square metres, to be combined with the Statutory Parkland forming part of the Park Block as identified in Confidential Appendix B to the report (July 8, 2019) from the City Solicitor to create a combined Park Block, to be dedicated to the City, at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

b.  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.

5.  City Council accept the land dedication for Public Street A, constructed by the owner, as an extension of Linelle Street, as identified in the general location identified in Confidential Appendix B to the report (July 8, 2019) from the City Solicitor, for public right-of-way purposes, in the approximate amount of 0.107 hectares, to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services, and secured where appropriate, and that the owner enter into a subdivision agreement, securing same.

6.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Official Plan Amendment and Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development;

d.  the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

e.  that the owner has submitted a revised Transportation Impact Study and Functional Design Report to address matters such as the alignment of the new public street and other connections, acceptable to the satisfaction of the General Manager, Transportation Services;

f.  the owner has submitted a revised subdivision plan, site servicing report, Natural Heritage Impact Study, Ravine Stewardship Plan, amongst other plans noted in the Toronto and Region Conservation Authority memorandum (November 9, 2018) to the satisfaction of the Toronto and Region Conservation Authority, including proper land compensation for lost ecosystem services in accordance with Toronto and Region Conservation Authority Guidelines for Determining Ecosystem Compensation;

g.  the owner submits a revised Draft Plan of Subdivision, Ravine Stewardship Plan, arborist report, tree protection plan, tree planting plan, grading plan as noted in the Ravine and Natural Feature Protection memorandum (October 25, 2018) to the satisfaction of the City’s Ravine and Natural Feature Protection By-law Office;

h.  the owner has submitted a revised Draft Plan of Subdivision addressing the Settlement Offer for review by the Chief Planner and Executive Director, City Planning;

i.  Townhouse Block 1 and Townhouse Block 2 shall be revised, where necessary, to address the fire access issue to the satisfaction of Toronto Fire Services, the Toronto and Region Conservation Authority and the Chief Planner and Executive Director, City Planning;

j.  the owner agrees to provide confirmation from the Ministry of Transportation or other confirmation, that there is no easement in the lands generally shown as the “Park Block” to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; and

k.  the owner confirms that it is prepared to move the existing storm sewer pipe within the proposed Park Block and such existing storm sewer pipe shall be moved to the northern boundary of the site and the Park Block will be delineated commencing from the southern boundary from the trenching line required for excavation of the pipe as necessary for upgrades, improvements and/or maintenance, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Engineer and Executive Director, Engineering and Construction Services.

7.  City Council direct the following matters be secured either through Zoning By-law amendment, subdivision process and/or site plan approval process, as appropriate:

a.  the owner agrees to secure the all-way stop control measures recommended in the site plan agreement and as a condition of site plan approval to the satisfaction of the General Manager, Transportation Services;

b.  the owner agrees to provide for noise mitigation measures for the outdoor amenity areas that shall be secured in the site plan agreement, and as a condition of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  the outdoor amenity area for each townhouse, shall be the lesser of 40 percent of the total roof area or 4 square metres, and the townhouses shall not exceed three (3) storeys in height;

d.  the owner agrees to provide for privacy and/or overlook mitigation measures in the outdoor amenity areas and in particular, as they relate to the residential properties to the north of the Site, that shall be secured in the site plan agreement and as a condition of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e.  the owner agrees to provide for a noise wall five (5) metres in height, or such lesser height, along the Park Block boundary adjacent to the Ministry of Transportation’s 14 metre right-of-way setback and/or the Toronto and Region Conservation Authority lands, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning.

8.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A and B to the report (July 8, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 8, 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 and information that that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.