Item - 2018.TE30.13

City Council on March 26 and 27, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor as amended by the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher.

2.  City Council authorize the public release of the recommendations in Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher and authorize the public release of Confidential Attachment 2 to the supplementary report (March 16, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary 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 supplementary report (March 16, 2018) from the City Solicitor were adopted by City Council, as amended by the confidential instructions to staff attached to motion 1 by Councillor Paula Fletcher, and are now public, as follows:

1.  City Council support a revised proposal as shown in the Elevation Drawings by Diamond Schmitt Architects dated March 9 and 12, 2018, and direct the City Solicitor and staff to attend the Ontario Municipal Board in support of the revised proposal.

2.  In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of its final Order until:

a.  a final form of the Official Plan Amendment and Zoning By-Law Amendment are prepared to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b.  submission and acceptance of a Functional Service Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the applicant pay for and construct any necessary improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  confirmation that City Planning has received a satisfactory Noise and Air Quality Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

e.  the applicant enters into a Heritage Easement Agreement for the property at 462 Eastern Avenue in accordance with a Heritage Impact Assessment and architectural drawings and subject to and in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

f.  the applicant obtains, in consultation with the Toronto Preservation Board, City

Council approval for the required alterations to the heritage property at 462 Eastern Avenue pursuant to Section 33 of the Ontario Heritage Act;

g.  the applicant provides a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in a Heritage Impact Statement for the property at 462 Eastern Avenue to the satisfaction of the Senior Manager, Heritage Preservation Services;

h.  the applicant has submitted a construction management plan to the City to the satisfaction of the General Manager, Transportation Services; and

i.  the applicant enters into an agreement under Section 37 of the Planning Act to secure the community benefits that are determined as per Part 3 beow.

3.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner and Executive Director, City Planning, should the proposal be approved in some form by the Ontario Municipal Board.

4.  City Council direct that the parkland dedication requirement be satisfied by cash-in-lieu of parkland.

5.  City Council direct the General Manager, Transportation Services to investigate traffic calming measures on the public lane located north of 462 Eastern Avenue.

6.  City Council direct the Deputy City Manager Cluster A and the Deputy City Manager Cluster B to ensure that part of the development contributions from this development are directed to the modernization of Jimmie Simpson rink when it is reconstructed.

The balance of Confidential Attachment 1 to the supplementary report (March 16, 2018) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 2 to the supplementary report (March 16, 2018) from the City Solicitor is now public and can be accessed under Background Information (City Council).