Item - 2023.CC13.23

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday.

2. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 4174 Dundas Street West from obtaining a parking permit.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A and Revised Confidential Appendix B to the report (December 6, 2023) from the City Solicitor.

4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Stephen Holyday.

5. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix B to the report (December 6, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2023) from the City Solicitor were adopted as amended by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated December 5, 2023, set out in Confidential Appendices A and B to the report (December 6, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order(s) on the appeal until the City Solicitor has advised that:

a. the final form and content of the Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the final form and content of the Zoning By-law Amendments is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. the proposed Zoning By-law Amendments includes the existing holding ("H") conditions identified in Section 4(i) of Zoning By-law 717-2006, as amended, on the Site, including revisions as required, with the hold symbol not to be lifted until City Council is satisfied as to the availability of all road improvements, infrastructure, servicing and school capacity, to accommodate the proposed development;

d. the owner has provided a revised Functional Servicing Report, a revised Stormwater Management Report, and a revised Geotechnical Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

f. the owner has made satisfactory arrangements with the City and has entered into the 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 and Geotechnical Reports and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services;

g. the owner has provided loading spaces, parking spaces and accessible parking spaces, as well as drive aisle widths and turning radii, in accordance with the supply and dimensional requirements of city-wide Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

h. the owner has provided a revised Arborist Report, Tree Inventory and Preservation Plan, Natural Heritage Impact Study, and Landscape Plan which identifies and labels via shading and notation the areas to be conveyed/restored/renaturalised, the new property boundary and the fencing, and addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning, and the Toronto and Region Conservation Authority;

i. the owner agrees to restore and renaturalise the lands located below the long-term stable top-of-bank and the adjoining buffer zone lands located within 10 metres of the long-term stable top-of-bank to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning, and the Toronto and Region Conservation Authority;

j. the owner has satisfied the requirements of the Toronto and Region Conservation Authority regarding requested revisions to reports, and policy and/or zoning revisions requested to address the long-term stable top-of-bank issue;

k. the owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clauses; and

l. the owner revises the draft Zoning By-law Amendments to rezone the lands located below the long-term stable top-of bank and the buffer zone lands located within 10 metres of the long-term stable top-of-bank as Open Space-Natural Zone (ON), and revises plans to show a two metre building setback to the future ON zoned lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Toronto and Region Conservation Authority.

3. Prior to Site Plan Approval, the owner prepares all documents and conveys a 0.4-metre road widening along the frontage of the property on Dundas Street West, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor.

4. Prior to the issuance of the first above-grade building permit, the owner conveys all lands below the long-term stable top-of-slope and the adjoining 10-metre buffer from the long-term stable top-of-slope to the Toronto and Region Conservation Authority, to the satisfaction of the Toronto and Region Conservation Authority, the Chief Planner and Executive Director, City Planning and the City Solicitor.

5. City Council request the Chief Planner and Executive Director, City Planning to include the following as a Site Plan approval condition:

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

b. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

The building contains 107 units, served on site by 147 total parking spaces, of which 132 are resident parking spaces, and 15 are visitor parking spaces. The total of 147 parking spaces includes 5 accessible parking spaces, one on each parking level. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability.

For visitors: [insert the 5 closest locations that provide off-street parking, Green P on-street parking, or parking for more than 3 hours]

For residents: [insert locations of 5 closest off-street parking locations that offer overnight or monthly parking] 

6. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A and Revised Confidential Appendix B to the report (December 6, 2023) from the City Solicitor, and Confidential Attachment 1 to Motion 1 by Councillor Stephen Holyday are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendix B to the report (December 6, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix B to the report (December 6, 2023) from the City Solicitor and the balance of Confidential Attachment 1 to the report (December 6, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.