Item - 2018.CC38.12

City Council on March 26 and 27, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council further authorize the City Solicitor, together with City Planning staff and any other staff as appropriate, to attend an Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application for 400 Front Street West as revised January 19, 2018 and February 16, 2018, and to support the position outlined in the report (April 11, 2017) from the Director, Community Planning, Toronto and East York District, and as set out in Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate staff to seek revisions to the Zoning By-law Amendment with the applicant to address the issues outlined in Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor and in the Request for Directions report (April 11, 2017) from the Director, Community Planning, Toronto and East York District, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Senior Manager, Heritage Preservation Services and the General Manager, Parks, Forestry and Recreation, and to report back to City Council on the outcome of discussions, if necessary.

3.  In the event the Ontario Municipal Board approves the application, in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order approving the application until such time as:

a.  the Ontario Municipal Board has been advised by the City Solicitor that the final form and content of the Zoning By-law Amendments are satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and amongst other matters include:

i.  the repeal of any previous site specific zoning for the lands; and

ii.  the repeal and replacement of the underlying zoning designations with appropriate King-Spadina RA zoning designations consistent with the general zoning by-law designation for other lands in the vicinity of the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  authorize the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, to identify the matters, services and facilities pursuant to Section 37 of the Planning Act to be secured in the event the Ontario Municipal Board approves the Zoning By-law amendment applications as revised, in whole or in part and direct the City Solicitor to request that any final order be withheld until such time as any such by-laws are in a final form and with content  acceptable to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services, including the requirement for appropriate matters, services and facilities to be provided by the owner at its expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development, including the matters in  Part 4 below; and

c.  the Ontario Municipal Board has been advised by the City Solicitor that a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, has been executed and registered to the satisfaction of the City Solicitor.

4.  In accordance with Part 3 above, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order approving the application until such time as confirmation from the City Solicitor that:

a.  the Owner has at its expense:

i.  provided a Functional Servicing Report, Stormwater Management Report and Hydrogeological Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

ii.  designed and provided financial securities for, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Study, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

iii.  confirmation from the City Solicitor that the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, including amongst other matters;

b.  the by-laws and the Section 37 Agreement shall require the owner at no cost to the City to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor; and

c.  the by-laws and the Section 37 Agreement shall require that prior to the issuance of any above-grade building permit for all or any part of the site, including for clarity, any conditional above-grade building permit, the owner shall construct, complete and make operational any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor.

5.  In the event the Ontario Municipal Board approves the Zoning By-law Amendment application, in whole or in part, City Council require that on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City to the satisfaction of the General Manger, Parks, Forestry and Recreation, and that City Council agrees to a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction, by the owner, of Above Base Park Improvements for the on-site parkland dedication, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit to 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 such development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (March 27, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to information regarding potential litigation.  The balance of Confidential Attachment 1 to the report (March 13, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.