Item - 2019.CC9.23

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 9, 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 (July 9, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 9, 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, 3 and 4 remain confidential at the discretion of the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 9, 2019 in Confidential Attachment 2  to the report (July 9, 2019) from the City Solicitor, subject to the Parts set out below.

2.  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 revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (July 9, 2019) from the City Solicitor and as shown on the revised materials in Confidential Attachment 3  to the report (July 9, 2019) from the City Solicitor, subject to the Parts set out below.

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

a.  noise mitigation matters have been secured to the satisfaction of the City through an executed tripartite Section 37 Agreement, a Zoning By-law Amendment with a holding provision, or in such other from satisfactory to the City Solicitor;

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

c.  a Section 37 Agreement has been executed by the parties securing a contribution of $1,375,000 allocated towards streetscape improvements in the vicinity of the site and/or affordable housing in the local ward to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and;

i.  the $1,375,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit; and

ii.  in the event the cash contribution referred to in Part 3.c. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose will benefit the community in the vicinity of the lands; and

d.  a Construction Management Plan has been prepared to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council classify the Subject Site being the properties municipally known as 193-195 McCaul Street as a Class 4 Area pursuant to Publication NPC-300 (Ministry of the Environment and Climate Change Environmental Noise Guideline- Stationary and Transportation Sources - Approval and Planning).

5.  City Council endorse the principle of equitable distribution of tower setbacks to achieve an appropriate tower facing distance along the relevant property lines of the Subject Site should be considered for any future redevelopment of the Sinai Health System lands at 40 Murray Street.

6.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (July 9, 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, 3 and 4 to the report (July 9, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor. The balance of Confidential Attachment 1 and Confidential Attachments 2, 3 and 4 to the report (July 9, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.