Item - 2021.CC35.27

City Council on July 14, 15 and 16, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor, as amended by motion 1 by Councillor John Filion.

2.  City Council authorize the public release of:

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor as amended by motion 1 by Councillor John Filion; and

b.  Confidential Appendices A and B to the report (July 7, 2021) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2021) 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 Settlement Offer dated June 17, 2021, in Confidential Appendix A and the revised plans dated May 5, 2021, in Confidential Appendix B to the report (July 7, 2021) from the City Solicitor, subject to Part 2 to 9 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated June 17, 2021, in Confidential Appendix A and as generally shown on the revised plans dated May 5, 2021, in Confidential Appendix B to the report (July 7, 2021) from the City Solicitor.

3.  City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor:

a.  the density incentives recommended to be secured in the Section 37 Agreement are as follows:

i.  a bicycle storage area within the underground garage with a minimum size of 72.5 square metres; and

ii.  an indoor amenity space with a minimum size of 45 square metres.

4.  City Council direct that as a legal convenience to support development, if approved by the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal), the Section 37 Agreement will also secure the following matters:

a.  prior to the issuance of the first above-grade building permit, City Council direct that the Owner shall be required to convey the 232 square metres portion of the development site for public parkland purposes to the satisfaction of the General Manager, Parks, Forestry and Recreation.

5.  City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment applications (the "Application") until such time as the City Solicitor has advised the Tribunal that:

a.  the form and content of the draft Official Plan and Zoning By-law Amendments have been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the matters in Parts 3 and 4 above, and other matters in support of the development are secured in a Section 37 Agreement executed by the Owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.  the Owner has provided a Functional Servicing and Stormwater Management Report and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the Owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Hydrogeological Report 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, according to the Functional Servicing and Stormwater Management Report, and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

6.  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.

7.  City Council approve the acceptance of on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

8.  City Council authorize the General Manager, Transportation Services to issue a Notice of Study Completion to maintain Hendon Avenue as a through street subject to identifying and including mitigation measures as part of the Environmental Assessment  Addendum to address concerns raised by members of the community, in consultation with the local Councillor, and file the Environmental Assessment Addendum to the Uptown Service Road and Associated Network Environmental Assessment Study in the public record for a minimum of 30 days, in accordance with the requirements of the Municipal Class Environmental Assessment and City Council direct the General Manager, Transportation Services to report to the North York Community Council with the recommended mitigation measures by the first quarter of 2022.

9.  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.

Confidential Appendices A and B to the report (July 7, 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 (July 7, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.