Item - 2018.CC44.23

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

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Attachment 2, including Confidential Appendix A, and Confidential Attachment 3 to the report (July 17, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 17, 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 (July 17, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated March 2, 2018 in Confidential Attachment 2 to the report (July 17, 2018) from the City Solicitor and in the Section 37 Offer dated April 16, 2018 in Confidential Attachment 3 to the report (July 17, 2018) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend a Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer dated March 2, 2018 in Confidential Attachment 2 to the report (July 17, 2018) from the City Solicitor and in the Section 37 Offer dated April 16, 2018 in Confidential Attachment 3 to the report (July 17, 2018) from the City Solicitor.

3.  City Council accept an on-site parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer dated March 2, 2018 in Confidential Attachment 2 to the report (July 17, 2018) from the City Solicitor and in the Section 37 Offer dated April 16, 2018 in Confidential Attachment 3 to the report (July 17, 2018) from the City Solicitor, with the location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor; the on-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 $1,370,000.00 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 $1,370,000.00 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 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 Appeal Tribunal:

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

ii. an acknowledgement by the City that any parkland dedication overage resulting from Part 3 above may be used for parkland dedication credit for the development applications related to 1197 The Queensway and 1045-1049 The Queensway; for greater clarity, the City's agreement to such a parkland credit described above shall not be construed to fetter City Council's discretion with respect its decision regarding any development application related to those other sites; and

iii. the future conveyance for public road purposes of approximately 733.4 square metres of land to the City for the future extension of Cavan Street.

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 the Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

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 Site, all to the satisfaction of the City Solicitor;

c.  the Chief Planner and Executive Director, City Planning has confirmed that the Noise Assessment dated February 28, 2018 prepared by Novus Environmental and submitted by the Applicant has been Peer Reviewed by a third-party Noise Consultant retained by the City at the Applicant's sole cost and expense, and that the Applicant has implemented the noise control measures and recommendations identified through the Peer Review; and

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

Confidential Attachment 2, including Confidential Appendix A, and Confidential Attachment 3 to the report (July 17, 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 (July 17, 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.  The balance of Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.