Item - 2012.NY17.47

1.         City Council adopt the confidential recommendations in Attachment 1 to the report (July 12, 2012) from the City Solicitor [NY17.47a].

2.         City Council authorize the public release of the confidential recommendations in Attachment 1 and Attachments 2 and 3 to the report (July 12, 2012) from the City Solicitor [NY17.47a].

The following Confidential Recommendations contained in Confidential Attachment 1 to the report (July 12, 2012) from the City Solicitor [NY17.47a] were adopted by City Council and are now public:

1.         Subject to the further recommendations contained in the report (July 12, 2012) from the City Solicitor, City Council accept the settlement offer dated July 6, 2012 made by the applicant for 1001 Sheppard Avenue East and 72 Esther Shiner Boulevard.

2.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board in support of the applicant’s settlement offer and the draft Official Plan Amendment, draft Zoning By-law amendment and conditions of draft Subdivision Approval.

3.         The revised draft plan of subdivision, prepared by Lloyd & Purcell Ltd. Ontario Land Surveyors, dated November 10, 2011, be approved subject to the conditions of draft plan of subdivision approval as well as any additional or modified conditions the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of the development.

4.         City Council request the Ontario Municipal Board to withhold its Order approving the Site Plan until the owner enters into a Site Plan Agreement to the satisfaction of the Director, Community Planning, North York District.

5.         City Council request Ontario Municipal Board to withhold its Order approving the Official Plan and Zoning By-law amendments and site plan approval until the Owner enters into one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director of City Planning and the City Solicitor, to ensure the facilities, services and matters set forth in the Official Plan and Zoning By-law Amendment and that such agreement(s) be registered on title to the lands in a manner satisfactory to the City Solicitor including:

i.          a contribution of 8.0 million dollars toward the community centre portion of a joint public community facility which is to be located within the Bessarion Node of the Sheppard East Subway Corridor Secondary Plan. The contribution shall be indexed in accordance with the Statistics Canada Quarterly Capital Expenditure Price Statistics from the date that the implementing Zoning By-law come into force to the date of submission of the funds by the owner to the City and is to be paid prior to the issuance of the first above grade building permit on any of the lands shaded on Schedule 1 embodied in the Official Plan Amendment No. 186.  The agreement should also provide an option for construction of the community centre by the owner in accordance with City policies including the Fair Wage Policy and purchasing and procurement policies;

ii.         prior to the registration of the first condominium on Parcel A the owner is to provide or provide funding, to the satisfaction of the Children’s Services General Manager, for a 52 space, 532 m2 finished, furnished and equipped day nursery with 290 m2 of outdoor play space contiguous to the day nursery in exchange for a density incentive of a maximum gross floor area of 2,128 m2 and a density exemption of 532 m².

6.         Prior to the issuance of the first below grade building permit for development on a block, as a contribution to a joint community facility, the owner shall prepay 1.5 million dollars of Development Charges.  The charges are to be paid on a block by block basis at the time of the first below grade building permit for each of the blocks on any of the lands shaded on Schedule 1 embodied in the Official Plan Amendment No. 186.  The applicant is to receive Development Charge credits for the Parks and Recreation and Library portions of the Development Charge on a block by block basis for any of the lands shaded on Schedule 1 to a maximum of 1.5 million dollars.

7.         City Council authorize the City Solicitor, as part of the drafting of the agreement(s) identified in Part 5 above, to incorporate in the agreement any matters currently secured in the existing Subdivision Agreement which may be more appropriately secured in a Section 37 Agreement including public art and matters related to the proposed community centre.

8.         City Council request the Ontario Municipal Board to withhold its Order approving the Official Plan and Zoning By-law amendments until the owner revises the draft Bessarion – Leslie Context Plan, Urban Design Guidelines and the Master Streetscape Plan which implement the proposed Official Plan and Zoning By-law amendments identified in Part 1 above, to the satisfaction of the Chief Planner and Executive Director of City Planning which revisions shall include the following:

i.          description of how the proposal is consistent with the Tall Buildings and Infill Townhouse Guidelines;

ii.         provides for an appropriate transition to the Bessarion neighbourhood;

iii.         direction for building floor plate size, orientation and maximum east-west dimensions to minimize shadows on the park, streets and adjacent uses;

iv.         direction for the design and program of open space and civic uses;

v.         provides for a safe, comfortable and attractive pedestrian environment.

9.         All streets within the subject development, including Segment 6 which is identified as Block 17 on the applicant’s survey plan, are public streets and that they are to be secured as public streets in the Subdivision Agreement.

10.       The District Public Art Plan be updated to reflect the change in location of the installations of the public art based on the revised draft plan of subdivision in consultation with the local Councillor and reported back to North York Community Council for approval.

11.       City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law amendments and the draft conditions of Subdivision Approval as may be required.

12.       City Council authorize the City Solicitor and the Director of Planning, North York District, in conjunction with the Ward Councillor to continue discussions with the Toronto District School Board (TDSB) to resolve issues raised by the TDSB.  Those discussions may include the entering into of escrow agreement, or similar arrangement, to secure an elementary school site for the TDSB, and the discussions are to take place within the following guiding principles:

a          the City shall give TDSB an option for four years from the date of the approval of the plan of subdivision to acquire a school site from the City;

b.         to do so, TDSB must have its funding in place to build a school;

c.         further, TDSB has to begin construction of the school within two years of the Board's acquisition of the site;

d.         if the construction of the school does not commence within that two years, TDSB will re-transfer the site to the City at the original acquisition price;

e.         until physical construction begins, the City retains the right to use the land as parkland;

f.          the School Board will give the City 12 months notice of commencement of construction; and

g.         the site made available to TDSB on Block 10 will not be more than one acre (0.4 hectares) in size and will be in a location satisfactory to the Chief Planner and Executive Director.

The balance of Confidential Attachment 1 to the report (July 12, 2012) from the City Solicitor, remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the receiving of advice that is subject to solicitor-client privilege.

Confidential Attachments 2 and 3 to the report (July 12, 2012) from the City Solicitor are now public and can be accessed under Background Information (City Council).