Item - 2017.CC27.3

City Council on March 28 and 29, 2017, adopted the following:

1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (March 21, 2017) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations and Appendix A in Confidential Attachment 1 to the report (March 21, 2017) from the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (March 21, 2017) from the City Solicitor remain confidential.

The following confidential recommendations contained in Confidential Attachment 1 to the report (March 21, 2017) from the City Solicitor were adopted by City Council and are now public:

1. City Council accept the without prejudice Settlement Offer dated March 21, 2017, in respect of the Zoning Amendment application (the "Settlement Offer"), as submitted by Stikeman Elliott LLP on behalf of the owner of 1087, 1091 and 1095 Leslie Street, as set out in Appendix A of Confidential Attachment 1 to the report (March 21, 2017) from the City Solicitor and direct the City Solicitor and appropriate City staff to attend at the Ontario Municipal Board in support of the settlement proposal.

2. City Council authorize and direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to prepare for joint submission to the Ontario Municipal Board with the owner, the form of Zoning By-law Amendment that reflects and implements the settlement proposal contemplated in Part 1 above, subject to adjustment and technical revisions as may be required to implement the settlement proposal and determined to be appropriate based on full resubmission materials.

3. City Council delegate to the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, the authority to determine the amount of cash contribution and nature of works to be undertaken by the owner which will collectively comprise the $5,400,000.00 Section 37 community contribution contemplated in the Settlement Offer including the extent, timing and terms of payment or work to be undertaken, and to finalize the applicable provisions of the Zoning By-law Amendment and Section 37 Agreement respecting the same provided that:

a. the allocation shall be toward pedestrian and cycling connections in the vicinity of the subject lands, including connections from the site south to Eglinton Avenue East, west to Sunnybrook Park, east to the Celestica site across the railway corridor and north to the Leaside CN Rail Spur Trail;

 b. cash contribution amounts determined appropriate shall be payable prior to issuance of the first above grade building permit on the site and shall be indexed upwardly in accordance with the Statistics Canada Non-Residential or Apartment Building Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date payment is made;

c. to the extent that works are to be undertaken by the owner to facilitate any one or more of the connections contemplated, the by-law shall specify the posting of security and the timing of completion of such works on terms to be included in the Section 37 Agreement; and

d. the by-law also provide that, prior to registration of the first condominium, the owner shall construct, and shall thereafter maintain, a pedestrian and cycling connection through the site in the location illustrated in the zoning by-law amendment(s) with details to be determined in the context of site plan approval and further, shall convey to the City, to the satisfaction of the City Solicitor, a public access easement free and clear of encumbrances, except as may be specifically permitted, for nominal consideration and at no cost to the City with appropriate provision for insurance and indemnification.

4. City Council authorize the Chief Planner and Executive Director, City Planning to determine such other matters that are appropriate to secure in the Section 37 Agreement and to provide for same in the final form of Zoning By-law Amendment.

5. City Council authorize and direct the City Solicitor to request that, in the context of the settlement, any Order of the Ontario Municipal Board respecting the approval of the Zoning By-law Amendment and Draft Plan of Subdivision be withheld pending the following:

a. the owner will have filed a complete revised zoning submission to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the settlement proposal contemplated in Part 1 above, subject to technical revisions as may be required, to the satisfaction of the Chief Planner and Executive Director, City Planning, and including a revised functional servicing report to the satisfaction of the Executive Director, Engineering and Construction Services;

b. the owner has entered into and registered on title, an agreement with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, securing by cash contribution or in the nature of works to be undertaken by the owner, the community contribution in the amount of $5,400,000.00 dollars as contemplated in the settlement proposal;

c. the Zoning By-law Amendment(s) in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the owner, have been provided to the Ontario Municipal Board;

d. the owner will have filed a complete revised subdivision application to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the settlement proposal contemplated in Part 1 above, for circulation and comment by all applicant divisions, agencies and boards, both internal and external to the City;

e. the owner will have made satisfactory arrangements with the City for the purchase and/or exchange of approximately 0.008 hectares of City owned lands proposed to be incorporated into the new east-west public street within the proposed development to the satisfaction of the City Solicitor, the General Manager, Parks, Forestry and Recreation and the General Manager, Transportation Services; and

f. the circulation of the draft plan of subdivision shall have been completed and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, has submitted draft plan conditions in acceptable form to the owner for approval of the Ontario Municipal Board.

6. 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.

7. City Council authorize and direct City Officials to take the necessary action to implement Council's decision, including execution of the Section 37 Agreement.

Appendix A to Confidential Attachment 1 to the report (March 21, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 (March 21, 2017) 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 is subject to solicitor-client privilege.