Item - 2017.CC28.3

City Council on April 26, 27 and 28, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor as amended.

2.  City Council authorize the public release of the confidential recommendations and Confidential Appendix A, as amended, and Confidential Appendix B in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The following confidential recommendations in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor were adopted by City Council, as amended, and are now public;

1.  City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing in support of the Zoning By-law amendment application submitted by the owner, as revised and described in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor, for the reasons set out in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor, 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 Appendices A, as amended, and B in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor;

b.  prior to the Ontario Municipal Board issuing its order, a draft zoning by-law amendment shall be finalized which secures the items as outlined in Appendices A, as amended, and B in Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor; and

c.  prior to the Ontario Municipal 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.  prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a cash contribution  to be indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of Ontario Municipal Board approval to the date the payment is made. These funds shall be used in accordance with Official Plan policy 5.1.1 and be determined in consultation with the Ward Councillor and to the satisfaction of Chief Planner and Executive Director, City Planning;

ii.  in the event the cash contribution referred to in Part 1.c.i above has not been used for the intended purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and

iii.  legal convenience items to support the development, including an easement to permit cars to access a future underground parking garage at 320-326 Bloor Street West from the proposed parking garage at 316 Bloor Street West, accessed via the proposed surface driveway of 316 Bloor Street West.

2.  City Council authorize the City Solicitor, in the event that the proposal is approved by the Ontario Municipal Board, to request the Board to withhold its order bringing the zoning by-law amendment into force until the Board has modified Official Plan Amendment 365 to increase the allowable height for 316 Bloor Street West from 20 to 29 storeys, including a second floor mezzanine and amenity/mechanical penthouse, as well as to eliminate the requirement for the provision of a north/south mid-block connection to Paul Martel Park, and has issued an order giving effect to such modification.

3.  City Council authorize the City Solicitor, in the event that the proposal is approved by the Ontario Municipal Board, to request the Board to withhold its order bringing the zoning by-law amendment into force until a restrictive covenant and/or limiting distance agreement is registered on title to 320-326 Bloor Street West.

4.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the zoning by-law amendment and any other related planning instruments and City Council authorize the City Solicitor to request that the Ontario Municipal Board approve the development in accordance with Council's decision.

Confidential Appendix A, as amended, and Confidential Appendix B to Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 19, 2017) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.