Item - 2015.NY7.37

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 supplementary report (July 8, 2015) from the City Solicitor, as amended by the confidential instructions attached to motion 1 by Councillor David Shiner.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, as amended, including Appendices A and B to the supplementary report (July 8, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 8, 2015)  from the City Solicitor remains confidential.

The following confidential recommendations in Confidential Attachment 1 to the supplementary report (July 8, 2015) from the City Solicitor were adopted by City Council, as amended, and are now public:

1.  City Council accept the Proposed Settlement Principles in Appendix A from the Owner ("Silvercore") dated June 30, 2015, and as amended on July 6, 2015.

2.  City Council authorize the City Solicitor to seek an adjournment of the September 15, 2015 Ontario Municipal Board hearing.

3.  City Council authorize the City Solicitor, the Chief Planner and Executive Director, City Planning, together with any other necessary City staff, to attend the Ontario Municipal Board hearing in support of revised applications for a site-specific amendment to the North York Centre Secondary Plan, the North York Zoning By-law, and Plan of Subdivision for the proposed development that address the principles in Appendix A to the supplementary report (July 8, 2015) from the City Solicitor to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning and as substantially outlined in the supplementary report (July 8, 2015) from the City Solicitor.

4.  City Council authorize the City Solicitor to request that prior to the Ontario Municipal Board issuing its order to approve any Official Plan or Zoning By-law Amendment for the subject lands, 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:

a.  street-related retail uses;

b.  recreational amenity area;

c.  at-grade bicycle parking;

d.  parkland conveyance in excess of required dedication;

e.  below grade connections to a future subway station;

f.  office uses in excess of 10,000 m2;

g.  community/Social Facility; and

h.  child Care facility.

5.  City Council authorize the City Solicitor to request that prior to the Ontario Municipal Board issuing its order to approve any Plan of Subdivision for the subject lands, the owner shall enter into an Agreement pursuant to Section 51 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor.

6.  City Council authorize the City Solicitor and appropriate City staff to continue discussions to finalize and secure among others, the following matters:

a.  affordable ownership housing;

b.  above base park improvements and value of any development charge credit;

c.  level of finished and furnished facilities and value of any development charge credit;

d.  conveyance of the necessary roads, road widenings and easements for public access; and

e.  timing/phasing of approvals and provision of park, roads and other associated infrastructure with each block.

7.  City Council direct that, in addition, staff work with the applicant to provide that the settlement instruments collectively, and evidence to the Ontario Municipal Board in support thereof, appropriately reflect an acknowledgement that the principles applied to the specific site, development and locational characteristics, (for example: direct connection to a planned new subway station, large frontage and size of parcel, parkland as a transition to adjacent neighbourhood, and new public road framework which are attributes of this development), which justify the amendments, are limited in their application in the context of the broader area and the applicable secondary plan.

Appendix A, as amended and Appendix B to Confidential Attachment 1 to the supplementary report (July 8, 2015) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential 1 to the supplementary report (July 8, 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 or corporations and contains advice or communications that are subject to solicitor-client privilege.