Item - 2015.NY6.17

City Council on June 10, 11 and 12, 2015, adopted the following:

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

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor and City Council direct that all other information contained in the Confidential Attachment 1 to supplementary report (June 9, 2015) from the City Solicitor remain confidential.

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

1.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board hearing scheduled to commence June 15, 2015 in support of the official plan and zoning by-law amendment applications of Mallpaks Development Limited as revised and described in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor, for the reasons set out in Confidential 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 Appendix “A” and "B" in Confidential Attachment 1 to the supplementary report (June 9, 2015) from the City Solicitor; and

b.  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:

i.  The owner shall lease a daycare facility space to the City for a term of 99 years on a turn-key basis.  The lease shall ensure that the City does not pay any rent or any facility fees or other charges, and that the owner shall be responsible for the cost of all utilities and municipal services supplied to the facility, caretaking costs of the building's common areas, repair and maintenance costs (excluding reasonable wear and tear), realty taxes and any local improvement charges.

ii.  The daycare facility shall have a minimum interior gross floor area of 557.4 square metres and exterior play space of 290 square metres.  The owner shall be responsible for constructing, furnishing, finishing and equipping the daycare facility in accordance with City and provincial standards and requirements.

iii.  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 $500,000 to be indexed in accordance with City practice and secured by way of a letter of credit. Such funds shall be used for agreed-upon park improvements to the existing parkette abutting the site by the owner, to the satisfaction of the General Manager, Parks, Forestry and Recreation.  In addition, the owner shall maintain both the existing parkette and the new on-site park at its expense, after its conveyance to the City.

iv.  The owner shall convey to the City an easement, at no cost to the City and free and clear of all encumbrances, for a north-south publicly-accessible walkway along the west side of the site to connect Sheppard Avenue East to Mallingham Court to the north.  The owner shall maintain, repair and insure the said walkway.

v.  The owner shall provide a minimum of 2,000 m2 of office space and 912 m2 of retail space.

2.  City Council approve a development charge credit against the Parks and Recreation component of the development charges of 500 Sheppard Avenue East for the design and construction by the owner of the Above Base Park Improvements at 500 Sheppard Avenue East to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the owner of installing the Above Base Park Improvements and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.  This development charge credit will only be applicable if the site is approved.

3.  City Council approve a development charge credit against the daycare component of the development charges of 500 Sheppard Avenue East, for the construction by the owner of a daycare with an area of not less than 557.4 m2 at 500 Sheppard Avenue East Street in accordance with City and provincial standards and requirements.  The development charge credit shall be in an amount that is the lesser of the cost to the owner of constructing and finishing the daycare and the daycare component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.  This development charge credit will only be applicable if the site is approved.

4.  The owner shall convey the on-site park to the City being the earlier of 36 months after the issuance of the first above-grade building permit and prior to the first condominium registration.

5.  The City shall enter into any limiting distance agreement with the owner that may be necessary under the Building Code Act or the Ontario Building Code, for nominal consideration.

6.  The City Solicitor and Chief Planner and Executive Director, City Planning be jointly authorized to support minor changes to the final built form of the development proposal.

7.  The City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, be authorized to finalize the elements of the settlement, including the official plan amendment, the zoning by-law amendment and any other related planning instruments and be authorized to request that the Ontario Municipal Board approve the development in accordance with Parts 1 to 6 above.

Appendices A and B to Confidential Attachment 1 to the supplementary report (June 9, 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 supplementary report (June 9, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissions.