Item - 2018.CC44.2

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council authorize the City Solicitor to work together with the Toronto District School Board, as appropriate, in order to secure appropriate conditions of approval for the zoning by-law amendment application for 2161 Yonge Street regarding the provision of educational facilities.

2.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor.

3. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices A and B to the report (June 18, 2018) from the City Solicitor.

4.  City Council direct that the balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the settlement offer terms set out in Appendix A to the report (June 18, 2018) from the City Solicitor, subject to the following conditions:

a.  prior to the Local Planning Appeal Tribunal issuing its order, a draft zoning by-law amendment shall be finalized which secures the items as outlined in Confidential Attachment 1 and Appendix A to the report (June 18, 2018) from the City Solicitor; and

b.  prior to Local Planning Appeal Tribunal 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, among other matters, the following:

i.  the applicant enter into a Section 37 agreement and agrees to pay the sum of $3,500,000; and

ii. the applicant agrees to convey to the City of Toronto pedestrian easements in form and content satisfactory to the City Solicitor.

2.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Local Planning Appeal Tribunal hearing in support of the Zoning By-law amendment application for 2161 Yonge Street, as revised and described in the report (June 18, 2018) from the City Solicitor and in accordance with the settlement offer terms.

3.  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 Local Planning Appeal Tribunal approve the development in accordance with City Council's decision.

Confidential Appendices A and B to the report (June 18, 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 18, 2018) 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.