Item - 2022.CC39.11

City Council on February 2 and 3, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2022) 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 Confidential Attachment 2 to the report (January 26, 2022) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the without prejudice settlement offer, attached as Confidential Attachment 2 (the "Settlement Offer") to the report (January 26, 2022) from the City Solicitor , in respect of the appeal of the Zoning By-law Amendment application (Application 19 254711 WET 05 OZ) subject to Parts 3 to 5 below.

2.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal hearing in support of the Settlement Offer subject to Parts 3 to 5 below.

3.  City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendment(s) are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and include the requirement for appropriate matters, services and facilities to be provided by the owner at its sole expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development as a legal convenience;

b.  the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, 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 and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development;

d.  the owner has signed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered said Agreement on title to the lands, satisfactory to the City Solicitor as set out in more detail in Part 4 below;

e.  the owner has submitted a Noise and Vibration Feasibility Study, the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the noise and vibration control measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  the owner has submitted a Derailment Protection Report, the report has been peer reviewed by a third-party retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the derailment protection measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

g.  the owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h.  the owner has provided information regarding the current number and type of rental units on the land and, if required, has addressed all rental replacement requirements in accordance with the Official Plan and City standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

i.  the owner has submitted a revised Transportation Impact Study including a revised Parking Justification to the satisfaction of the General Manager, Transportation Services;

j.  the owner has provided dimensions for all parking spaces and parking aisles complying with the minimum dimensional requirements of Sections 200.5.1 and 200.5.1.10 of City of Toronto By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

k.  the owner has provided accessible parking spaces in accordance with the supply and dimensional requirements of City of Toronto Zoning By-law 579-2017 to the satisfaction of the General Manager, Transportation Services;

l.  the owner has provided one shared-use Type 'G' loading space for the proposed mixed-use development and each required loading space providing minimum dimensional requirements of Section 220.5.1.10 of City of Toronto Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

m.  the owner has entered into an appropriate agreement with the City introducing, at no cost to the City, any ultimately-approved traffic control signal timing adjustments and additional phases, including any hardware modifications, required at the signalised intersections in the immediate vicinity of the site to facilitate forecast traffic from the subject development to the satisfaction of the General Manager, Transportation Services;

n.  the following definitions have been included in the amending by-laws:

i.  Car-share” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organisation and where such an organisation may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organisation, including the payment of a membership fee that may or may not be refundable; and

ii.  “Car-share parking space” means a parking space that is reserved and actively used for car-sharing.

o.  the owner has provided 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 Sewers Chapter 681;

p.  the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

q.  the owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4.  City Council direct the City Solicitor to proceed with the preparation, execution and registration of an Agreement with the owner pursuant to Section 37 of the Planning Act to secure the following matters, services and facilities to be provided as community benefits and legal conveniences to support of the development:

a.  prior to the issuance of the first above-grade building permit for any part of the site, the owner shall make a cash payment to the City in the amount of $1,600,000.00 (One Million, Six Hundred Thousand)  to be allocated to be allocated as follows:

i.  $1,000,000 (One Million) paid into a capital reserve account designated the “Weston Village Revitalization Fund;” such funds are to be used within the Weston Village Business Improvement Area (or adjacent areas on Weston Road) for capital improvements to the public realm, in consultation with a Weston Village Revitalization Committee of local residents and business owners appointed by City Council, and chaired by the local Ward Councillor, and in consultation with the local Ward Councillor;

ii.  $500,000.00 (Five Hundred Thousand) to the City for capital improvements to local City of Toronto Parks and/or a dog off-leash park, in consultation with the General Manager, Parks, Forestry and Recreation in Ward 5 (2021 boundaries) and in consultation with the local Ward Councillor; and

iii.  $100,000.00 (One Hundred Thousand) towards the revitalization of the Weston Library Branch.;

b.  the cash contributions referred to in Part 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in 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;

c.  in the event the cash contribution referred to in Part 4.a. above has not been used for the specified purpose within three (3) years after the 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 is identified in the Official Plan and will benefit the community in the vicinity of the lands;

d.  pursuant to the site plan control application process for the site but in any event prior to Site Plan Approval of the proposed development, the owner shall use its best efforts to design an at-grade privately-owned publicly accessible open space for mid-block pedestrian connection to the GO station along the west side and north side of the property, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate; and

e.  in the event that the provision of the privately-owned publicly accessible open space referred to in Part 4.d. above is feasible, prior to the earlier of: i. registration of a condominium in respect of any part of the site; and ii. the first residential occupancy of any part of the development, the owner shall register a grant of easement for public access to the City, for nominal consideration, along, upon, over, and above the entirety of the privately-owned publicly accessible open space referred to in Part 4.d. above.

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

Confidential Attachment 2 to the report (January 26, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (January 26, 2022) 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 (January 26, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.