Item - 2018.MM39.33

City Council on April 24, 25, 26 and 27, 2018, adopted the following: 

1.  City Council adopt the recommendations in Confidential Attachment 1 to the report (April 27, 2018) from the City Solicitor, as modified by the additional information in Confidential Attachment 3 to the report (April 27, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Attachment 2 and Confidential Attachment 2, "Appendix A" and Confidential Attachment 3 to the report (April 27, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 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 (April 27, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated April 26, 2018 in Confidential Attachment 2 to the report (April 27, 2018) from the City Solicitor, as modified by Confidential Attachment 3 to the report (April 27, 2018) from the City Solicitor and City Council direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in support of the revised proposed development.

2.  City Council approve an on-site parkland dedication for a 225 square-metre public park on the southwest corner of the Subject Property; 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.

3.  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.

4.  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 $1,000,000.00, such funds to be used by the City for capital facilities within proximity of the site within the Ward, including:

1.  above-base on-site parkland improvements;

2.  public realm improvements in the Yonge-Eglinton Area;

3.  the Davisville Community Centre recreational facilities; and

4.  additional community services and facilities in the Yonge-Eglinton Area;

with the allocation of such funds to be determined between the owner and the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. The improvements will be secured in the Zoning By-law amendment and other matters referred to in City Council's decision and the report (April 27, 2018) from the City Solicitor; and

ii.  in the event the cash contribution has not been used for the intended purpose within three (3) years of this by-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and

b. the $1,000,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, 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.

5.  As a legal convenience to support development, if approved by the Local Planning Appeal Tribunal, City Council direct that any above base park improvements for the on-site parkland dedication, and corresponding development charge credit, be secured in the Section 37 Agreement.

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 Appeal 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 Parts 4 and 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 matters outlined in the memorandum from Engineering and Construction Services, dated November 29, 2017, have been addressed to his satisfaction.

Confidential Attachment 2, Confidential Attachment 2, "Appendix A" and Confidential Attachment 3 to the report (April 27, 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 (April 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 or communications that are subject to solicitor-client privilege and information regarding potential litigation.  The balance of Confidential Attachment 1 to the report (April 27, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.