Item - 2019.MM3.12

City Council on February 26, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (February 25, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor remain confidential.

The confidential instructions to staff in Confidential Attachment 1 to the report (February 25, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer set out in Confidential Appendices A and B to the report (February 25, 2019) from the City Solicitor.

2.  City Council direct that, in addition to the Settlement Offer, the applicant be required:

a.  to provide a Section 37 contribution in accordance with the City's standard policies as follows: a cash contribution of $1,500,000 for community benefits to be allocated to streetscaping in the area along The Queensway, further connection to the Mimico Trail, and community improvements in the immediate vicinity; 12 affordable rental housing units; and $750,000.00 towards Public Art ; and

b. to include a restriction in the Section 37 Agreement, in a form satisfactory to the City Solicitor, requiring a separation distance of 25 metres between the proposed Tower A and any future Tall Building on the property to the south.

3.  City Council authorize the City Solicitor, in consultation with City Planning staff, to prepare a Zoning By-law Amendment substantially in accordance with the revised plans  contained in Confidential Appendix B to the report (February 25, 2019) from the City Solicitor and to execute such Minutes of Settlement as may be necessary to give effect to a settlement.

4.  City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal hearing into this matter in support of the settlement.

5.  City Council approve a 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, such credit to be in an amount that is the lesser of the cost 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 the development charges payable for the development in accordance with the City's Development Charges By-law.

Confidential Appendices A and B to the report (February 25, 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 (February 25, 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.