Item - 2024.CC24.13

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, as amended by Motion 1b by Councillor Stephen Holyday.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2024) from the City Solicitor, as amended by Motion 1b by Councillor Stephen Holyday.

3. City Council direct that the 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, as amended by Motion 1b by Councillor Stephen Holyday, were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice settlement offer dated December 5, 2024, set out in Public Appendices A and B to the report (December 5, 2024) from the City Solicitor (the architectural plans and drawings) (together the "Settlement Offer"), 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 on the Zoning By-law Amendment application until the City Solicitor has advised that:

a. the final form and content of the Zoning By-law Amendment are satisfactory to the Executive Director, Development Review, and the City Solicitor, in consultation with other appropriate divisions, and it provides for, among other matters:

i. one residential parking space per residential unit, that complies with all dimensional requirements noted in section 200.5.1.10 of Zoning By-law 569-2013, to the satisfaction of the General Manager, Transportation Services; and

ii. a minimum of two visitor parking spaces, that complies with all dimensional requirements noted in section 200.5.1.10 of Zoning By-law 569-2013, to the satisfaction of the General Manager, Transportation Services;

b.  the Owner has, at its sole cost and expense:

i. addressed all outstanding issues identified within the Engineering and Construction Services memorandum, dated November 27, 2024, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. provided a revised Hydrological Report, Hydrological Review Summary Form, Foundation Drainage Summary Form and a revised Servicing Report Groundwater 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 the  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;

iii. submitted a revised Functional Servicing and Stormwater Management Report, which shall determine the stormwater run-off, 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, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv. made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements with the City 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 proposed development, according to the accepted Functional Servicing and Stormwater Management Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

v. addressed all outstanding Transportation Services issues identified in the Engineering and Construction Services memorandum, dated November 27, 2024, including the provision of detailed Vehicle Maneuvering Diagrams, to the satisfaction of the General Manager, Transportation Services;

vi. addressed matters from Urban Forestry, Tree Protection and Plan Review, outlined in the memorandum, dated November 7, 2024, and submitted the following materials: a revised Arborist Report, Tree Inventory and Protection Plan, Landscape Concept Plan, Soil Volume Plan and Sections, Landscape/ Planting Plan and Soil Specifications, Landscape Details, Toronto Green Standard Checklist and Statistics Templates and Grading Plan, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

vii. revised the proposal to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning.

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 417-419 Burnhamthorpe Road from obtaining a parking permit. 

4. City Council request the Executive Director, Development Review to consider including 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].

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

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.