Item - 2012.MM28.26

City Council on November 27, 28 and 29, 2012, adopted the following:

1.         City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (November 27, 2012) from the City Solicitor.

2.         City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachments 1-A, 1-B, 1-C and 1-D to the report (November 27, 2012) from the City Solicitor.

3.         City Council direct that Confidential Attachments 2, 3 and 4 to the report (November 27, 2012) from the City Solicitor remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (November 27, 2012) from the City Solicitor were adopted by City Council and are now public:

1.         City Council endorse the draft Official Plan and Zoning By-law amendments for the applications at 1001 Sheppard Avenue East and 72 Esther Shiner Boulevard substantially in the forms as shown in Attachment 1-A and Attachment 1-B to the report (November 27, 2012) from the City Solicitor.

2.         The revised draft plan of subdivision, prepared by Lloyd & Purcell Ltd. Ontario Land Surveyors, dated November 7, 2012 and contained in Attachment 1-C to the report (November 27, 2012) from the City Solicitor be subject to the conditions of draft plan of subdivision approval substantially as set out in Attachment 1-D to the report (November 27, 2012) from the City Solicitor, as well as any additional or modified conditions the Chief Planner may deem to be appropriate to address matters arising from the on-going negotiations with the School Boards and applicant and technical review of the development.

3.         City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Municipal Board in support of the draft Official Plan and Zoning By-law amendments substantially in the forms contained in Attachment 1-A to the report (November 27, 2012) from the City Solicitor and Attachment 1-B to the report (November 27, 2012) from the City Solicitor, and the conditions of subdivision approval substantially as contained in Attachment 1-D to the report (November 27, 2012) from the City Solicitor but subject to further refinement as deemed appropriate to the City Solicitor.

4.         The Ontario Municipal Board be requested to withhold its Order approving the Site Plan for 72 Esther Shiner Boulevard until the owner enters into a Site Plan Agreement to the satisfaction of the Director, Community Planning, North York District.

5.         The Ontario Municipal Board be requested to withhold its Order approving the Official Plan and Zoning By-law amendments and site plan approval until the Owner enters into one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director of City Planning and the City Solicitor, to ensure the facilities, services and matters set forth in the Official Plan and Zoning By-law Amendment and that such agreement(s) be registered on title to the lands in a manner satisfactory to the City Solicitor including:

i.           a contribution of 8.0 million dollars toward the community centre portion of a joint public community facility which is to be located within the Bessarion Node of the Sheppard East Subway Corridor Secondary Plan. The contribution shall be indexed in accordance with the Statistics Canada Quarterly Capital Expenditure Price Statistics from the date that the implementing Zoning By-law comes into force to the date of submission of the funds by the owner to the City.  The sum of $4,468,156.00 (indexed) is to be paid prior to the issuance of the first above-grade building permit on any of the lands shaded on Schedule 1 in Attachment 1-A to the report (November 27, 2012) from the City Solicitor and the balance of $3,531,844.00 (indexed) is to be paid upon the earliest of:

a.         four years following the date of registration of the Plan of Subdivision containing Block 18 and Block 9 if the School Boards have not exercised the school reserve to purchase Block 18 and Block 9.

b.         10 days following the date Block 9 and Block 18 are purchased by a School Board; and

c.         30 days following the date by which both School Boards have advised the Owner and the City in writing that they release their school reserves over Block 9 and Block 18;

following the occurrence of the earlier of (a) – (c) herein, no further building permits shall be issued on any of the lands shaded on Schedule 1 of Attachment 1-A  to the report (November 27, 2012) from the City Solicitor until the payment of said balance has been made.

ii.         The agreement should provide an option for construction of the community centre by the owner in accordance with City policies including the Fair Wage Policy and purchasing and procurement policies.

iii.        The provision of, or as set out in more detail below, funding for a 52 space, 532 m2 finished, furnished and equipped day nursery with 290 m2 of outdoor play space contiguous to the day nursery, to be provided either on  Block 7 or within the community facility on Block 10, all at the discretion of the General Manager, Children Services;

a.          in the event that the day nursery is to be provided on Block 7, the day nursery shall be provided by the Owner prior to the registration of the first condominium on Block 7;

b.         in the event that the City elects to provide the day nursery within the community facility on Block 10, the City shall provide written notice to the Owner of that election, the Owner will be relieved of its obligation in a. above, and provision of the funding for the day nursery shall be paid by the Owner to the City the earlier of:

            I.         the issuance of any above-grade building permit for Block 7; and

II.          within 30 days of the Owner being notified in writing by the City that Site Plan Notice of Approval Conditions have been issued in respect of the community facility;

c.          as an alternative to b. above, the City and the Owner may enter into an agreement for the construction of the day nursery by the Owner  within the community facility on block 10, in accordance with City policies, including the Fair Wage Policy and purchasing and procurement policies.

Following the earlier of the issuance of any above-grade building permit for Block 7 and 30 days from the issuance of Site Plan Notice of Approval Conditions in respect of the community facility, no further building permits shall be issued on any of the lands shaded on Schedule 1 of Attachment 1-A to the report (November 27, 2012) from the City Solicitor until the payment for the day nursery has been made.

iv.        The Owner is to provide a public art contribution of 1 percent of the gross construction cost of development, other than for a school or day nursery, on Blocks 7, 9, 11, 12 13 and 15 in accordance with an updated District Art Plan.

6.         Prior to the issuance of the first below grade building permit for development on a block, as a contribution to a joint community facility, the owner shall prepay 1.5 million dollars of Development Charges.  The charges are to be paid on a block by block basis at the time of the first below grade building permit for each of the blocks on any of the lands shaded on Schedule 1 in Attachment 1-A to the report (November 27, 2012) from the City Solicitor.  The applicant is to receive Development Charge credits for the Parks and Recreation and Library portions of the Development Charge on a block by block basis for any of the lands shaded on Schedule 1 of Attachment 1-A to the report (November 27, 2012) from the City Solicitor to a maximum of 1.5 million dollars.

7.         The City Solicitor be authorized, as part of the drafting of the agreement(s) identified in Part 5 above, to incorporate in the agreement any matters currently secured in the existing Subdivision Agreement which may be more appropriately secured in a Section 37 Agreement including public art and matters related to the proposed community centre.

8.         The Ontario Municipal Board be requested to withhold its Order approving the Official Plan and Zoning By-law amendments until the owner revises the draft Bessarion - Leslie Context Plan, Urban Design Guidelines and the Master Streetscape Plan which implement the proposed Official Plan and Zoning By-law amendments identified in Part 1 above, to the satisfaction of the Chief Planner and Executive Director of City Planning which revisions shall include the following:

i.           description of how the proposal is consistent with the Tall Buildings and Infill Townhouse Guidelines;

ii.         provides for an appropriate transition to the Bessarion neighbourhood;

iii.         direction for building floor plate size, orientation and maximum east-west dimensions to minimize shadows on the park, streets and adjacent uses;

iv.         direction for the design and program of open space and civic uses; and

v.          provides for a safe, comfortable and attractive pedestrian environment.

9.         All streets within the subject development, including Segment 6 which is identified as Block 17 on the applicant’s survey plan, are public streets and that they are to be secured as public streets in the Subdivision Agreement.

10.       The District Public Art Plan be updated to reflect the change in location of the installations of the public art based on the revised draft plan of subdivision in consultation with the local Councillor and reported back to North York Community Council for approval.

11.       City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law amendments and the draft conditions of Subdivision Approval as may be required.

12.       City Council direct any eligible portion of cash received by the City, whether cash in lieu of parkland for the value of Blocks 20 and/or 18, or proceeds from the sale of Blocks 20 and/or 18 to a school board, towards the community facility on Block 10, or for the City park on Blocks 14 and 19, or to acquire future parkland in Ward 24.

Confidential Attachments 1-A, 1-B, 1-C and 1-D to the report (November 27, 2012) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachments 2, 3 and 4 to the report (November 27, 2012) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006 as they pertain to litigation before the Ontario Municipal Board and they contain advice that is subject to solicitor-client privilege.