Item - 2021.CC31.7

City Council on April 7 and 8, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor, as amended by motion 1 by Councillor James Pasternak.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor, as amended.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4. City Council authorize the public release of Confidential Attachments 2, 3, and 4 to the report (March 29, 2021) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor were adopted by City Council, as amended by motion 1 by Councillor James Pasternak, and are now public, as follows:

1. City Council accept the without prejudice Settlement Offer, attached as Confidential Attachments 2, 3 and 4 to the report (March 29, 2021) from the City Solicitor, submitted by the applicant/appellant on March 26, 2021 in respect of the owner's appeals of the zoning by-law amendment application (Application 06 111098 NNY 10 OZ; 17 278258 NNY 10 OZ), the residential subdivision application (Application 11 142457 NNY 10 SB), and the site plan control application (Application 06 111111 NNY 10 SA; 17 278262 NNY 10 SA), on the basis set out below:

a. the Zoning By-law amendments for the residential subdivision shall be substantially in the form attached as Confidential Attachment 2 to the report (March 29, 2021) from the City Solicitor, subject to paragraph 1 of Appendix A and Schedule 1, respectively, being revised to require the $900,000 cash payment to be made prior to the first below-grade shoring permit for the lands;

b.  the proposed draft plan of subdivision for the residential subdivision shall be substantially in the form attached as Confidential Attachment 4 to the report (March 29, 2021) from the City Solicitor;

c.  the proposed conditions of draft plan of subdivision approval for the residential subdivision shall be substantially in the form attached as Confidential Attachment 2 to the report (March 29, 2021) from the City Solicitor; and

d.  the proposed conditions of site plan approval for the residential subdivision shall be substantially in the form attached as Confidential Attachment 2 to the report (March 29, 2021) from the City Solicitor.

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 proposed development as set out in the Settlement Offer, dated March 26, 2021, and the materials referred to in paragraphs 1.a through 1.d., inclusive, above.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order approving the proposed Zoning By-law amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor in writing that:

a.  the owner has entered into and registered in priority against title to the subject lands an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, to secure the owner's provision of the following matters as community benefits and as legal conveniences to support the development:
  

i. prior to the issuance of the first below-grade shoring permit for the lands, the owner shall pay to the City a cash contribution of $900,000 to be allocated towards Irv W. Chapley Park and/or improvements to other parks and/or recreational facilities in Ward 6, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the General Manager, Parks, Forestry and Recreation; the cash contribution shall be indexed upwardly in accordance with the Statistics Canada Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment to the City; and in the event that the cash contribution has not been used for the intended purposes within three (3) years after the date the amending By-law comes into full force and effect, the cash contribution may be redirected for another purpose or purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose or purposes are identified in the Official Plan and will benefit the community in the vicinity of the lands;

ii.  the owner must provide 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 the Section 681-10 of Municipal Code Chapter 681, Sewers;

iii.  prior to the issuance of the first building permit for any part of the subject lands, the owner shall complete the following municipal services:

a.  public Street 'A' as shown on Confidential Attachment 2 to the report (March 29, 2021) from the City Solicitor, has been constructed to a minimum base curb and base asphalt condition and is connected to existing public highways abutting the lands, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

b.  all watermains, sanitary sewers, storm sewers, and storm drains, with appropriate appurtenances, have been installed within Public Street 'A' and the Storm Sewer Easement as shown on Confidential Attachment 2 to the report (March 29, 2021) from the City Solicitor, and are operational, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iv.  the owner shall provide the municipal services referred to in paragraph 3.a.iii above pursuant to the registration of a plan of subdivision in respect of Application 11 142457 NNY 10 SB prior to the issuance of the first building permit for any part of the lot outlined in heavy black line as shown in Confidential Attachment 4 to the report (March 29, 2021) from the City Solicitor.

4.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to approve the conditions of approval of the draft plan of subdivision attached as Confidential Attachment 4 to the report (March 29, 2021) from the City Solicitor and, pursuant to subsection 51(56.1) of the Planning Act, request the Local Planning Appeal Tribunal to delegate to the Chief Planner and Executive Director, City Planning, overseeing the owner's clearance of the conditions of approval for the subject draft plan of subdivision and the final approval of the plan of subdivision to the Chief Planner and Executive Director, City Planning, for the purpose of subsection 51(58) of the Planning Act.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order approving the subject Site Plan Control application plans and drawings submitted by the owner until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor in writing that the owner has satisfied the pre-approval conditions of site plan approval set out in Confidential Attachment 2 to the report (March 29, 2021) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

6.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to take such actions as necessary to implement the terms of the Settlement Offer including any necessary technical or stylistic revisions to the draft Zoning By-law amendments attached as Confidential Attachment 2 to the report March 29, 2021) from the City Solicitor.

Confidential Attachments 2, 3 and 4 to the report (March 29, 2021) 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 (March 29, 2021) 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. The balance of Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.