Item - 2018.CC38.7

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 16, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council continue to oppose the Zoning By-law amendment and the associated development proposed for 179 - 181 Sheppard Avenue East.

2.  City Council authorize the City Solicitor and appropriate staff to attend at the Ontario Municipal Board hearing in support of Council's opposition, and if necessary, authorize the City Solicitor to retain outside consultants.

3.  City Council direct City staff to continue discussions with the applicant, and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal, subject to resolution of the outstanding issues identified in Item NY19.35, the refusal report (January 4, 2017) from the Director, Community Planning, North York District.

4.  If the Ontario Municipal Board approves the proposed development, City Council direct the City Solicitor to request that community benefits under Section 37 of the Planning Act be provided by the owner, with the amount and benefit to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, 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.

5.  If the Ontario Municipal Board approves the proposed development, City Council direct the City Solicitor to advise the Ontario Municipal Board that the City will be requesting an on-site parkland dedication; the parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6.  If the Ontario Municipal Board approves the proposed development, City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its Order on the Zoning By-law amendment until such time that:

a.  the Ontario Municipal Board has been advised by the City Solicitor that the proposed zoning by-law amendment documents are in a form satisfactory to the City;

b.  the City has received an executed Section 37 Agreement for the community benefits to be determined as outlined in Part 4 above;

c.  the owner has submitted to the City a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; and

d.  the owner has submitted to the City revised Functional Servicing, Geotechnical Investigation, Stormwater Management and Hydrogeological Investigation Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

The balance of Confidential Attachment 1 to the report (March 16, 2018) 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.