Item - 2024.CC23.14

City Council on November 13 and 14, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 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 and Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 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 (October 31, 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 offer to settle dated October 29, 2024 set out in Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor, and 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 until the City Solicitor has advised that:

a. the form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review Division, and the City Solicitor;

b. the Owner has submitted a revised Transportation Impact Study, including all requested revisions to the satisfaction of the General Manager, Transportation Services; the study shall address all previously identified concerns, including the provision of tangible Transportation Demand Management measures, as well as pedestrian safety measures and traffic calming measures, if warranted by post-development traffic conditions; the Transportation Demand Management measures shall include but are not limited to, the promotion of active and public transportation, car-share facilities, and incentives for reducing single occupancy vehicle trips;

c. the Owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated December 27, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater runoff, sanitary flow and water supply management 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;

e. 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, Engineering and Construction Services and the General Manager, Toronto Water;
 

f. 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, a Holding Provision shall 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;

g. the Owner has submitted an Application to Injure or Remove Trees and it has been accepted by the General Manager of Parks, Forestry and Recreation;

h. the Owner has submitted a Community Services and Facilities Study to the satisfaction of the Executive Director, Development Review; and

i. the Noise and Vibration Report has been peer reviewed at the cost of the applicant and the report has been revised to the satisfaction of the Executive Director, Development Review.

3. City Council amend City of Toronto Municipal Code Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 710 The West Mall from obtaining a parking permit.

4. City Council request the Executive Director, Development Review to include the following as a Site Plan Control 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, tenants or residents 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, tenants or residents 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 [insert number of] units, served on site by [insert number of] resident parking spaces, [insert number of] visitor parking spaces and [insert number of] accessible 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 locations of 5 closest off-street parking locations that offer overnight or monthly parking]

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

Confidential Appendices A and B to the report (October 31, 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 (October 31, 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 (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.