Item - 2018.CC43.19

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 19, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Attachment 2, Confidential Appendix A to Confidential Attachment 2 and Confidential Attachment 3 to the report (June 19, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (June 19, 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 (June 19, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated June 15, 2018 in Confidential Attachment 2 to the report (June 19, 2018) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer, dated June 15, 2018, in Confidential Attachment 2 to the report (June 19, 2018) from the City Solicitor.

3.  City Council accept an off-site parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Parkland Dedication Letter, dated June 15, 2018, in Confidential Attachment 3 to the report (June 19, 2018) from the City Solicitor, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor.

4.  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 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.

5.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution of $2,339,200.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development and to be allocated for uses that will benefit the community in the vicinity of the Subject Site at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

ii.  the $2,339,200.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Local Planning Appeals Tribunal:

i.  the above base improvements for the off-site parkland dedication referred in Part 3 above and the development charge credit referred to in Part 4 above; and

ii.  an entrance and connection to the planned future Toronto Transit Commission Bathurst LRT Station incorporated in the proposed building in a location and configuration to be secured through the site plan approval process.

6.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as:

a.  the Local Planning Appeals Tribunal has been advised by the City Solicitor that the proposed zoning by-law amendments are in a form satisfactory to the City;

b.  the City has received an executed Section 37 Agreement securing the benefits outlined in Part 5 above and the Section 37 Agreement has been registered on title to the Subject Property; and

c.  the Chief Engineer and Executive Director, Engineering and Construction Services has confirmed that all engineering matters have been addressed to his satisfaction.

Confidential Attachment 2, Confidential Appendix A to Confidential Attachment 2 and Confidential Attachment 3 to the report (June 19, 2018) 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 (June 19, 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 or communications that are subject to solicitor-client privilege and it contains information regarding potential litigation. The balance of Confidential Attachment 1 to the report (June 19, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.