Item - 2015.CC10.7

City Council on November 3 and 4, 2015, adopted the following:

1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Joe Cressy.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor, as amended, and the material in Appendix 1 to Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor were adopted by City Council, as amended, and are now public:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Ontario Municipal Board in support of a settlement respecting the Zoning By-law Amendment application for 283 Adelaide Street West (12 107447 STE 20 OZ) as outlined in the report (November 2, 2015) from the City Solicitor, on condition that a minimum of 113 parking spaces shall be provided and maintained on the lot, of which 11 will be residential visitor parking spaces, 6 will be car-share parking spaces and 96 will be residential parking spaces and that the proposed site and area specific policy ("Block OPA") is adopted by City Council and becomes final and binding.

2.  City Council direct the City Solicitor to support the draft Zoning By-law Amendment in Appendix 1 to Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor, which implements this settlement before the Ontario Municipal Board and subject to Part 4 below.

3.  City Council authorize the City Solicitor to execute Minutes of Settlement, if required, to secure the project as outlined in Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor.

4.  City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the applicant on the final form of the draft Zoning By-law to be presented to the Ontario Municipal Board as part of the settlement at the Ontario Municipal Board.

5.  City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the Notice of Approval Conditions for the Site Plan Application have been finalized and the Minutes of Settlement, if required, have been executed.

6.  Before the issuance of the Ontario Municipal Board's final order, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following:

a.  an indexed cash contribution, of $1,260,000 for community services, facilities and/or parkland and park improvements in Ward 20 to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, payable at the first above-grade building permit;

b.  an indexed cash contribution of $140,000 for the maintenance of or the provision of new affordable housing in Ward 20, payable at the first above-grade building permit;

c.  a privately-owned, publicly accessible open space ("POPS") on the south-east corner of John Street and Adelaide Street West, having a minimum size of 406 square metres, to the satisfaction of the Chief Planner in consultation with the Ward Councillor; and

d.  an indexed cash contribution of $500,000 for public art on site, to the satisfaction of the Chief Planner and Executive Director, City Planning.

Appendix 1 to Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (November 3, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to advice or communications that are subject to solicitor-client privilege and to litigation.