Item - 2022.DM45.1

City Council on June 15 and 16, 2022, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor.

2.  City Council authorize the public release of he confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the to the report (May 4, 2022) from the City Solicitor. 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 4, 2022) 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 (May 4, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 

1.  City Council accept the Settlement Offer dated April 26, 2022 for the lands municipally known as 41-75 Four Winds Drive and as generally shown on the Revised Plans dated April 26, 2022 inclusive, respectively set out in Confidential Attachments 2 and 3 to the report (May 4, 2022) from the City Solicitor, subject to Part 2 below.

2.  City Council direct the City Solicitor and appropriate staff and/or outside consultants to attend the Ontario Land Tribunal hearing to support approval of the revised proposal described in the Settlement Offer and the Revised Plans in Confidential Attachments 2 and 3 to the report (May 4, 2022) from the City Solicitor, subject to the following requirements:

a.  the Zoning By-law(s) are finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, subject to a Holding Symbol in accordance with Confidential Attachment 2 to the report (May 4, 2022) from the City Solicitor; 

b.  the Owner has provided a revised Tree Preservation Plan and a revised Landscape Concept to the satisfaction of the General Manger, Parks, Forestry and Recreation;

c.  the owner shall enter into an agreement pursuant to Section 37 of the Planning Act to secure a cash contribution of two million, forty thousand dollars ($2,040,000.00), in a form and content to the satisfaction of the City Solicitor, and such agreement shall be registered on title to the subject lands;

d.  the cash contribution referred to in  Part 2.c. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-residential, as the case may be, 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 Agreement to the date of payment; 

e.  in the event the cash contribution referred to in Part 2.c. above has not been used for the determined purpose within three (3) years of the amending Zoning By-law(s) 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 Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and

f.  the Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

i.  a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Geotechnical Report, all provided by the owner are submitted and reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii.  a revised Transportation Impact Study, provided by the owner is submitted and reviewed to the satisfaction of the General Manager, Transportation Services;

iii.  a revised Pedestrian Wind Study, provided by the owner is submitted, such report to be reviewed with recommendations implemented prior to the site plan approval;

iv.  the owner is to implement the recommendations of the Compatibility and Mitigation Study by SLR, dated April 2021 with a response dated October 20, 2021, and the peer review of Hemmera dated January 11, 2022 to the satisfaction of the Chief Planner and Executive Director, City Planning, prior to site plan approval;

v.  the owner shall enter into access easements related to the east-west and north-south pedestrian connections as shown on the plans in Confidential Appendix B to Confidential Attachment 2 to the report (May 4, 2022) from the City Solicitor, with specific configuration and design to be determined in the context of the site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

vi.  the owner has made satisfactory arrangements with the City and has entered into appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Stormwater Management Report, Geotechnical Report, and Transportation Impact Study accepted by the appropriate City officials in Parts 2.f.i. and ii above;

vii.  the owner shall construct and maintain the development in accordance with Tier 1 performance standards of the Toronto Green Standard, as adopted by Toronto City Council, at its meeting of October 26 and 27, 2009 through the adoption of Item 2009. PG32.3 of the Planning and Growth Management Committee, as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017, through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time;

vii.  the owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues; and

viii.  such other items set out in the Settlement Offer, dated April 26, 2022, attached as Confidential Attachments 2 and 3 to the report (May 4, 2022) from the City Solicitor.

Confidential Attachments 2 and 3 to the report (May 4, 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 (May 4, 2022) 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.