Item - 2016.CC17.10

City Council on March 31 and April 1, 2016, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor. 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor, including Appendices A and B.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board hearing scheduled to commence April 18, 2016 in support of the official plan and zoning by-law amendment applications of 1900401 Ontario Inc. as revised and described in Attachment 1 to the report (March 31, 2016), for the reasons set out in the Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor, subject to the following conditions being addressed to the satisfaction of the City Solicitor:

a.  the built form of the proposal will be substantially as set out in Appendix A and the settlement drawings as set out in Appendix B in Confidential Attachment 1 to the report (March 31, 2016) from the City Solicitor; and

b.  prior to the Board issuing its order, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, to secure the following:

i.   $650,000 payable prior to issuance of the first above grade building permit, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

c.  the City Solicitor and the Chief Planner and Executive Director, City Planning be jointly authorized to support minor changes to the final built form of the development proposal; and

d.  the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, be authorized to finalize the elements of the settlement, including the official plan amendment, the zoning by-law amendment and any other related planning instruments and be authorized to request that the Ontario Municipal Board approve the development in accordance with Parts 1a, b and c above.

Confidential Appendices A and B in Confidential Attachment 1 to the report (March 31, 2016) 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 31, 2016) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation that affects the City and it contains advice or communications that are subject to solicitor-client privilege.