Item - 2021.CC36.10

City Council on October 1 and 4, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 22, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 22, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 22, 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.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 22, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the “with prejudice” settlement offer for the lands municipally known as 22 Balliol Street (the "Site") as described in Public Attachment 1 (the "With Prejudice Settlement Offer") to the report (September 22, 2021) from the City Solicitor and subject to Parts 2 through 7 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 With Prejudice Settlement Offer for the lands municipally known as 22 Balliol Street.

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

a.  the proposed 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 which addresses the May 18, 2016 Memorandum from Engineering and Construction Services, including confirmation of water and fire flow, sanitary and storm water capacity, and a Storm Water Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the owner has submitted an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water;

d.  the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Functional Servicing Report and Hydrogeological Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted engineering reports; and

e.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing community benefits and matters of legal convenience to support the development.

4.  City Council authorize the Chief Planner and Executive Director, City Planning, to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following:

a.  on-site affordable housing as described in the With Prejudice Settlement Offer, with the election of the option of either a total of 32 affordable housing units or 33 affordable housing units to be made by the City Solicitor in consultation with the Ward Councillor and City Planning; and

b.  the provision by the Applicant of a publicly accessible pedestrian walkway (the "Midblock Connection"), to be secured by means of a surface pedestrian public easement, in the location as generally shown as midblock connection on the Revised Plans found at Public Attachment 2 to the report (September 22, 2021) from the City Solicitor, the final location and design of which will be secured as part of and through the site plan approval process, the Midblock Connection shall have a minimum width of 3.0 metres, unless otherwise satisfactory to the Chief Planner and Executive Director, City Planning.

5.  City Council direct that, as part of its Site Plan application for the Site, the owner shall work with City staff on the design and placement of the projecting balconies.

6.  City Council direct that, as part of its Site Plan Application for the Site, the Applicant shall submit a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and implement any wind mitigation measures required therein to the satisfaction of the Chief Planner and Executive Director, City Planning.

7.  City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (September 22, 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 (September 22, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.