Item - 2016.TE17.18

City Council on July 12, 13, 14 and 15, 2016, adopted the following:

1.  City Council adopt the Confidential Recommendation contained in Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor.

2.  City Council direct that the Confidential Recommendations contained in Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor be made public and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor remain confidential.  

The following confidential recommendation contained in Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor was adopted by City Council and is now public:

1. City Council not accept the community benefits contribution proposed by the applicant under Section 37 of the Planning Act and made conditional upon acceptance by the City of the applicant's proposal as revised on April 27, 2016.

3.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, and consultants, as deemed necessary, to oppose the applicant's appeal respecting the Zoning By-law Amendment application for 411 Church Street and attend the Ontario Municipal Board hearing in opposition to such appeal.

4.  City Council request the Ontario Municipal Board to secure, subject to the terms satisfactory to the City Solicitor, the following services, facilities or matters pursuant to Section 37 of the Planning Act, should the current proposal be approved by the Ontario Municipal Board:

a.  Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution to the City in the amount of $2,750,000 which will be used by the City to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for one or more of the following:

i.  $500,000 for new and existing community, cultural and/or school spaces in Ward 27; and

ii.  $2,250,000 for local parks and streetscape improvements in Ward 27.

b.  Within ten (10) days of the zoning by-law amendment becoming final and binding, the owner shall provide an additional cash contribution of $500,000 toward the City's Capital Revolving Fund for Affordable Housing for the purpose of maintaining and constructing affordable rental units in Ward 27, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.

5.  City Council authorize the City Solicitor and City Planning in consultation with the local Councillor to secure services, facilities or matters pursuant to Section 37 of the Planning Act as may be required by the Chief Planner and Executive Director, City Planning should a different form of the  proposal be approved by the Ontario Municipal Board.

6.  City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the supplementary report ( July 10, 2016) from the Chief Planner and Executive Director, City Planning.

7.  City Council authorize the City Solicitor to request the Ontario Municipal Board, in the event the zoning by-law is approved, to withhold its final order until the following matters are addressed:

a.  the owner shall revise the Functional Servicing Report and the Stormwater Management Report to address the matters discussed in the letter dated June 13, 2016 from Engineering and Construction Services, to the satisfaction of the Executive Director, Engineering and Construction Services;

b.  the owner shall address Toronto Water's comments regarding groundwater issues discussed in the letter dated June 13, 2016 to the applicant, to the satisfaction of Toronto Water and the Executive Director, Engineering and Construction Services.; and

c.  the owner shall enter into an agreement with the City, where the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development. 

The balance of Confidential Attachment 1 to the supplementary report (July 4, 2016) from the Interim City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communication that is subject to solicitor-client privilege and it contains information regarding litigation.