Item - 2024.CC24.12

City Council on December 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2024) from the City Solicitor.

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 (December 5, 2024) from the City Solicitor.

3. City Council direct that balance of Confidential Attachment 1 to the report (December 5, 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 (December 5, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated December 4, 2024 set out in Confidential Appendix A the report (December 5, 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 final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the owner has addressed all outstanding issues identified within the Engineering and Construction Services Part I - Re-zoning Application correspondence, dated November 22, 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 determine the stormwater runoff, sanitary flow, and water supply demand resulting from the proposed development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

d. the owner has submitted a revised Traffic Impact Study including Transportation Demand Management, vehicular access, parking, loading, and driveway locations appropriate to pedestrian safety and the public park, demonstrating conformance with City’s Complete Streets Guidelines and Development Infrastructure Policy and Standards to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Chief Planner and Executive Director, City Planning, and the Executive Director, Development Review;

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

f. the owner has submitted a revised Hydrological Assessment Report, and 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 to 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;

g. the owner has addressed all outstanding issues identified in the Toronto Transit Commission memorandum, dated October 11, 2022, or as revised, to the satisfaction of the Chief Executive Officer, Toronto Transit Commission, the General Manager, Transportation Services, and the Executive Director, Development Review;

h. the owner has submitted revised Landscape and Planting Plans, including a soil volume plan to meet TGS requirements, to the satisfaction of the General Manager, Parks, Forestry and Recreation, Chief Planner, City Planning, and the Executive Director, Development Review;

i. the owner has submitted an Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate;

j. the submitted Air Quality and Land Use Compatibility Assessment, and Transportation Noise and Vibration Assessment, both dated August 31, 2022 and authored by Gradient Wind Engineers and Scientists, have been peer reviewed by a third-party consultant retained by the City at the owner's expense to confirm there are no negative impacts on the proposed development or surrounding uses, and the owner agrees to implement any necessary air quality, noise, vibration or land use compatibility control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;

k. the owner has submitted a revised Shadow/Study which includes testing on March 21, June 21 and September 21, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review, and the General Manager, Parks, Forestry and Recreation;

l. the owner has submitted a revised Pedestrian Level Wind Study including a Wind Tunnel Study, and changes in design and massing necessary to address unacceptable wind impacts on the public park, public realm, entrances, and amenity areas have been made to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Executive Director, Development Review;

m. the owner has provided revised plans and statistics to demonstrate a minimum of 15 percent 2-bedroom units and a minimum of 10 percent 3-bedroom units are included in the proposed development per the City’s Growing Up Urban Design Guidelines, to the satisfaction of the Chief Planner, City Planning, and Executive Director, Development Review;

n. the owner has mapped the existing 30 NEF/NEP contour line in relation to the proposed development, and has worked with the Greater Toronto Airports Authority to ensure that any residential dwellings units that may be located within the 30 NEF/NEP contour line are subject to conditions and/or warning clauses registered on title, as appropriate, to be secured to through the Site Plan Control process, to the satisfaction of the Greater Toronto Airports Authority, and the Executive Director, Development Review;

o. the owner has provided revised plans to demonstrate that public art will be provided per Site and Area Specific Policy 67, up to a value of $500,000.00, to be secured to through the Site Plan Control process for the Phase that the public art is located within, to the satisfaction of the Chief Planner and Executive, City Planning and the Executive Director, Development Review;

p. the owner has provided revised plans and statistics to demonstrate adequate size, location, configuration, and phasing of the public road, including any required road widening identified in the accepted TIS, with road conveyance to be secured through the Site Plan Control to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

q. the owner has provided revised plans and statistics to demonstrate adequate size, location, and configuration of the on-site parkland dedication, with conveyance to be secured prior to the issuance of the first above grade building permit for the first Phase of site development, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

3. 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 (December 5, 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 (December 5, 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 (December 5, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.