Item - 2015.MM8.52

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

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (July 9, 2015) from the City Solicitor.

2.  City Council direct that the confidential recommendations contained in Confidential Attachment 1, including Appendix A, to the report (July 9, 2015) from the City Solicitor be made public at the discretion of the City Solicitor and City Council direct that all other information contained in the Confidential Attachment 1 to the report (July 9, 2015) from the City Solicitor remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (July 9, 2015) from the City Solicitor were adopted by City Council and are now public:

1.  City Council direct the City Solicitor to advise the applicant that the City accepts the without prejudice settlement dated July 7, 2015 as attached in Appendix A to the report (July 9, 2015) from the City Solicitor provided that:

a.  the final form of the Zoning By-law amendments to be approved by the Ontario Municipal Board implement the proposed development as illustrated in the site plan and elevation drawings in Appendix "A" to the report (July 9, 2015) from the City Solicitor to the satisfaction of the Chief Planner, Executive Director, City Planning and the City Solicitor; and

b.  the final form of the Zoning By-law amendments do not permit any portion of the building intruding into the 45 degree angular planes as shown on the elevation plans.

2.  City Council direct the City Solicitor to attend at the August 18, 2015 settlement hearing at the Ontario Municipal Board in support of the settlement.

3.  City Council direct the City Solicitor to request the Ontario Municipal Board to withhold its order on the Zoning By-law amendment application appeal for the subject lands until such time as the Owner has entered into and registered a Section 37 Agreement to the satisfaction of the City Solicitor, requiring the Owner to:

a.  provide a cash contribution prior to the issuance of an above grade building permit of $550,000 to be used towards capital improvements to parkland in Ward 9;

b.  provide a cash contribution prior to the issuance of an above grade permit of $50,000 to be used towards capital improvements to the new parkland abutting the south boundary of the site;

c.  the above required cash contributions shall be increased to reflect increases in the Construction Price Index from the date of this Agreement to the date of payment; and

d.  provide a conveyance of parkland of a minimum of 600 square metres over and above the statutory parkland conveyance that is being required and provided by the applicant.

4.  City Council direct the City Solicitor to request the Ontario Municipal Board to withhold any final Order approving Site Plan Control until such time as the Site Plan Notice of Approval Conditions has been issued by the Director, Community Planning, North York District, and all pre-approval conditions including an executed Site Plan Agreement have been satisfied.

Appendix A to Confidential Attachment 1 to the report (July 9, 2015) from the City Solicitor remains confidential at this time 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.  Appendix A to Confidential Attachment 1 to the report (July 9, 2015) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the report (July 9, 2015) from the City Solicitor remains confidential 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 it contains advice or communications that are subject to solicitor-client privilege.