Item - 2024.CC19.11

City Council on June 26 and 27, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday, and Confidential Appendices A, B and C to the report (June 13, 2024) from the City Solicitor. 

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 13, 2024) 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 (June 13, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated June 7, 2024 attached as Confidential Appendix A (the "Settlement Offer") to the report (June 13, 2024) from the City Solicitor and substantially in accordance with Confidential Appendix B (the "Revised Plans") to the report (June 13, 2024) from the City Solicitor (together, the "Revised Proposal") for the Site and direct the City Solicitor attend the Ontario Land Tribunal to support the Revised Proposal, subject to Part 2 below.

2. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: 

a. the owner has:

1. submitted a revised Transportation Impact Study including showing the transportation servicing condition that provides southerly access with a full moves, signalized entrance on 600-620 The East Mall, being the lands to the south and a northerly access with a limited moves (right-in/right-out) access; and

2. submitted evidence showing that the owner has secured legal access over 600-620 The East Mall to facilitate southern two-way vehicular access to and from the subject site, which will address any necessary interim condition including its design and construction, with such access only interrupted during the construction and repair of the development at 600-620 The East Mall, or an alternative southern access solution over the subject site;

all to the satisfaction of the General Manager, Transportation Services and the City Solicitor.

b. the owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated November 15, 2023, or as revised, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater runoff, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and/or any upgrades that may be required;

d. the owner has submitted a revised Hydrological Assessment Report, Hydrological Review Summary Form, Servicing Report Groundwater Summary Form and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of a proposed development and comply with Foundation drainage policy and guidelines to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager, Toronto Water;

e. should it be determined that upgrades are required to the infrastructure to support the development according to the Transportation Impact Study and/or the accepted Functional Servicing and Stormwater Management Report, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the final form of the site-specific Zoning By-law Amendment, and the Holding Provision is not to be lifted until such time as the owner has made satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure, including entering into appropriate agreement(s) with the City and the provision of financial securities, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services;

f. the owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated November 16, 2023, including the need for an updated Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

g. the Noise and Vibration Report has been peer reviewed at the cost of the applicant and any required revisions resulting from this study have been made to the proposal to the satisfaction of the Chief Planner and Director, City Planning;

h. the Air Quality Study has been peer reviewed at the cost of the applicant and any required revisions resulting from this study have been made to the proposal to the satisfaction of the Chief Planner and Director, City Planning;

i. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. the owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-law(s) and/or secured in a development agreement to the satisfaction of the Chief Planner and Executive Director, City Planning; and

k. the form and content of the Zoning By-law Amendment is finalized, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council request the Chief Planner and Executive Director, City Planning to consider including the following as Site Plan approval conditions:

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

Purchasers or Tenants 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 or Tenants 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 buildings contain 816 units, served on site by 352 resident vehicular parking spaces and 44 visitor parking spaces. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability. Additional off-street parking, potentially at additional cost, is not guaranteed, however may be available at:

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 the 5 closest off-street parking locations that offer overnight or monthly parking].

4. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at, 630 The East Mall from obtaining a parking permit.

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

Confidential Appendices A, B and C to the report (June 13, 2024) 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 (June 13, 2024) 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 (June 13, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.