Item - 2016.CC23.6

City Council on December 13, 14 and 15, 2016, adopted the following:

1.  City Council accept the Settlement Offer dated December 5, 2016, as supplemented by the emails from Sherman Brown dated December 12, 2016 and from Diamondcorp dated December 13, 2016 and as further revised by the December 13, 2016 email from Sherman Brown being Confidential Attachment 2, and further revised by the December 15, 2016 email from Sherman Brown to Abbie Moscovich attached to motion 1 by Councillor Jon Burnside.

2. City Council authorize the public release of Confidential Attachment 2 to the report (December 14, 2016) from the City Solicitor.

3. City Council direct the City Solicitor to attend the Ontario Municipal Board in support of the Settlement Offer, but request the Board to withhold any final order pending:

a. the final form and content of the zoning by-law being satisfactory to the City Solicitor;

b. the owner entering into a Section 37 Agreement to the satisfaction of the City Solicitor, including:

i. the provision of the cash contribution outlined in the Settlement Offer as amended by Confidential Attachment 2 to the report (December 14, 2016) from the City Solicitor to be indexed from the date of execution of the section 37 agreement until payment to be applied to new recreational/community facilities (which may include off-site parkland acquisition) in the vicinity of the site and/or the expansion of any existing recreational/community facilities in the vicinity of the site; 

ii. terms relating to the conveyance of the new north-south public street;

iii. terms relating to public access over the proposed east-west private driveway;

iv. terms relating to the parkland conveyance (approximately 1720 m2) prior to the issuance of the first above grade building permit; and

v. terms related to the above base parkland construction, up to the value of the Parks and Recreation component of the development charges payable for the development; and

c.  the Owner satisfying the requirements of a technical review of the Settlement Offer by the City’s commenting Divisions, Agencies, Boards and Commissions, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council approve a Part Lot Control Exemption with respect to the subject lands, with the bylaw to be prepared to the satisfaction of the City Solicitor and to expire four years after registration following enactment by City Council.

5. Prior to the introduction of the Part Lot Control Exemption Bill, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act, with priority, agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner and Executive Director, City Planning or designate.

6. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title upon the expiry or repeal of the Part Lot Control Exemption By-law.

7. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the above-base park improvements 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 designing and constructing the above-base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, 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.

9.  City Council direct staff to continue working with the owner in an effort to determine the appropriate zoning for the southern (Employment) parcel.

10. City Council direct that Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (December 14, 2016) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 2 to the report (December 14, 2016) from the City Solicitor is now public and can be accessed under Background (City Council).