Item - 2015.CC8.8

City Council, on July 7, 8 and 9, 2015, adopted the following:

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to the report (July 2, 2015) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Kristyn Wong-Tam.

2.  City Council authorize the public release of the Confidential recommendations contained in Confidential Attachment 1, as amended, including Appendices A and B to the report (July 2, 2015) from the City Solicitor and City Council direct that the balance of Confidential 1 remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (July 2, 2015) were adopted by City Council, as amended, and are now public:

1.         City Council authorize the City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board ("OMB") hearing in support of the Zoning By-law amendment application of KS 700 Bay St Inc. as revised and described in Confidential Attachment 1 to the report (July 2, 2015) from the City Solicitor, for the reasons set out in Attachment 1, subject to the following conditions being addressed to the satisfaction of the City Solicitor:

a.         the built form of the proposal will be substantially as set out in Appendices A and B in Confidential Attachment 1 to the report (July 2, 2015 from the City Solicitor;

b.         prior to the Board issuing its order, a draft Zoning By-law amendment shall be finalized which secures rental housing and built form elements as outlined in Appendices A and B in Confidential Attachment 1 of the report (July 2, 2015) from the City Solicitor; and

c.         prior to the Board issuing its order, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, to secure the following:

Prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a contribution in the amount of $3,000,000 to be indexed in accordance with City practice and secured by way of a letter of credit.  These funds shall be used in accordance with Official Plan policy 5.1.1 for park improvements, streetscape improvements, new affordable housing and a rental abatement program for a portion of the dwelling units in the existing and/or new building with the final allocation to be determined in consultation with the Ward Councillor and to the satisfaction of Chief Planner and Executive Director, City Planning. 

2.         City Council authorize the City Solicitor, in the event that the proposal is approved by the Ontario Municipal Board, to advise the Board that the development application should not be approved without the full replacement of the 24 existing rental dwelling units  to the satisfaction of the Chief Planner and Executive Director, City Planning.

3.         City Council authorize the City Solicitor, in the event that the proposal is approved by the Ontario Municipal Board, to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as the City and the owner have presented a draft by-law to the Board that provides for securing the rental housing matters as outlined in Part 2 above and a Section 37 Agreement incorporating these matters has been executed.

4.           City Council jointly authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to support minor changes to the final built form of the development proposal.

Appendices A and B to Confidential Attachment 1 to the report (July 2, 2015) 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 (July 2, 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 or potential litigation that affects the City or one of its agencies or corporations.