Item - 2019.CC5.6

City Council on March 27 and 28, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 26, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (March 26, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 26, 2019) from the City Solicitor. remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 26, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated March 26, 2019 in Confidential Attachment 2 and the revised plans dated March 6, 2019 in Confidential Attachment 3 to the report (March 26, 2019) from the City Solicitor, and direct the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal in support of the settlement.

2.  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 in the amount of $1,134,000, such funds to be used by the City within proximity to the site and within the boundaries of the existing Ward 18; with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the improvements will be secured in the Amending By-law as well as other matters referred to in City Council's decision and the report from the City Solicitor;

ii.  in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the Amending By-laws coming into full force and effect, the cash contribution may be redirected for another purpose within the boundaries of the existing Ward 18, 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

iii.  the $1,134,000 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 the issuance of the first above-grade building permit.

3.  As a legal convenience to support development, if approved by the Local Planning Appeal Tribunal, the Section 37 Agreement will also secure the following matters:

a.  a boulevard extension within the City right-of-way on the east side of Addington Avenue between Sheppard Avenue West and the proposed site driveway which shall be designed prior to Final Site Plan Approval to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, and which shall be constructed, prior to first residential use of the development, to the satisfaction of the General Manager, Transportation Services; and

b.  the conveyance of the lands municipally known as 5 Addington Avenue to the City as off-site parkland dedication for the development prior to the issuance of the first above grade building permit for the development, in satisfaction of applicable parkland dedication requirements; should the Owner receive approval for a future minor variance or rezoning which increases the maximum permitted Residential Gross Floor Area and/or the maximum permitted Non-Residential Gross Floor Area beyond the amount shown on the revised plans dated March 6, 2019, the Owner shall be responsible for an increase in the parkland dedication to the extent that the new additional approved density triggers a requirement for a greater parkland dedication, by way of a cash-in-lieu payment and/or land in accordance with all legal requirements at the time the parkland dedication is required.

4.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Amending By-laws until such time as the City Solicitor has advised the Tribunal that:

a.  the proposed Official Plan amendment and Zoning By-law Amendments are in a form satisfactory to the City;

b.  the City has received an executed Section 37 Agreement, satisfactory to the City Solicitor, securing the benefits outlined in Part 2 and 3above, and the Section 37 Agreement has been registered on title to the Subject Property;

c.  the applicant has resolved all outstanding issues identified in the Engineering and Construction memo dated April 20, 2018 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the applicant has withdrawn as a party from the appeal of OPA 367 (PL170343) and submitted to the Local Planning Appeal Tribunal that it will not participate in the hearing for such appeal.

5.  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 the 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.

6.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment provided with the Settlement Offer, as deemed necessary by and at the sole discretion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning.

Confidential Attachments 2 and 3 to the report (March 26, 2019) 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 (March 26, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.