Item - 2012.MM28.27

City Council on November 27, 28 and 29, 2012, adopted the following:

1.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor.

2.         City Council authorize the public release of the Confidential Recommendations together with Attachments 1 through 8 in Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor and the balance of the attachment remain confidential.

The following confidential instructions in Confidential Attachment 1 to the report (November 28, 2012) from the City Solicitor were adopted by City Council and are now public:

1.         City Council accept the Settlement Offer dated November 26, 2012 made by the applicant for 770 Lawrence Avenue West and 3083-3095 Dufferin Street, subject to  the further revisions and recommendations contained in Attachment 1: Confidential Information to the Report of the City Solicitor dated November 28, 2012.

2.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board in support of the terms of settlement as agreed between the applicant and the City.

3.         The Draft Plan of Subdivision be revised to the satisfaction of the Chief Planner subject to the Conditions of Draft Plan of Subdivision Approval as well as any additional or modified conditions the Chief Planner may deem appropriate to address matters arising from the on-going technical review of the development, including the following:

a.         revise the Park Block 4 to include Block 3 in the northeast; and

b.         exclude a triangular shaped piece of property of approximately 125m2 size located in the southeast corner of the existing Block 4 and incorporate it into Block 2.

4.         The Section 37 Agreement registered on title as Instrument No. AT2849462 be revised subject to any additional or modified conditions the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of the development including:

a.         a Site Plan showing the layout of the Shoppers Drug Mart site, including landscape details, elevation drawings, architectural treatments, street edge details and lighting details, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.         a Loading Area Detail Plan showing the layout of the Shoppers Drug mart site Loading Area to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.         the inclusion of any conditions deemed appropriate for the Shoppers Drug Mart site to the satisfaction of the Chief Planner and Executive Director, City Planning; and

d.         removal of the requirement for TTC Metropasses as required by Section 4.1 of the Section 37 Agreement.

5.         Zoning By-law 617-2012 (OMB) be revised to permit the Shoppers Drug Mart to remain on Block 2 without a time limit in the form of a 1,600m2 retail store with a maximum of 45 parking spaces, delete the requirement for TTC Metropasses in By-law 617-2012 (OMB) and rezone the former townhouse site (Block 3) to "O1".  The Zoning By-law is to be revised to include any additional requirements the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from the on-going technical review of the development.

6.         The Conceptual Site Plan for the Shoppers Drug Mart site (see Attachment 6) be approved in principle and be subject to revision and additional conditions as the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from continuing discussions and the on-going review of the development including:

a.         the submission of sufficient information to address the City's Wet Weather Flow Management Guidelines to the satisfaction of the Director, Technical Services, North York District; and

b.         the submission of appropriate plans and details including landscape details, elevation drawings, architectural treatments, street edge details and a lighting plan/details to the satisfaction of the Chief Planner and Executive Director, City Planning.

7.         The Loading Area Detail Plan for the Shoppers Drug Mart site, prepared by BA Group and dated November 21, 2012 (see Attachment 7) be approved in principle and be subject to revision and additional conditions as the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from continued discussion and the on-going technical review of the development.

8.         The interim accessing and servicing arrangements for the Shoppers Drug Mart site on Block 2 prior to the construction and completion of public street 'A' is to be demonstrated and resolved in a manner satisfactory to the Director, Technical Services in consultation with the Chief Planner and Executive Director, City Planning.

9.         The Ontario Municipal Board be requested to withhold its Order approving the application pending revision to the existing Section 37 Agreement registered on title as Instrument No. AT2849462 to include the requirements as set out in Section 5.

Confidential Attachments 1 through 8 to Confidential Attachment 1 to the report (November 28, 2012) 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 (November 28, 2012) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissions and contains advice that is subject to solicitor-client privilege.