Item - 2017.CC29.6

City Council on May 24, 25 and 26, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 17, 2017) from the City Solicitor, as amended, and with Public Appendix A to the report (May 17, 2017) from the City Solicitor amended by deleting the following paragraph 10 of the “with prejudice” settlement offer:

10. City Council (or Toronto and East York Community Council under delegated authority) shall provide authority to the Chief Building Official to issue a demolition permit, pursuant to Chapter 363 of the Municipal Code, subject to a condition that the Ontario Municipal Board has issued a final Order regarding the rezoning appeal.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, as amended, and Confidential Attachment A to the report (May 17, 2017) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 17, 2017) from the City Solicitor remain confidential as it contains advice which is subject to solicitor-client privilege.

The following confidential recommendations in Confidential Attachment 1 to the report (May 17, 2017) from the City Solicitor were adopted, as amended by City Council and are now public:

1.  City Council accept the Settlement Offer set out in Public Appendix A, as amended, to the report (May 17, 2017) from the City Solicitor.

2.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board hearing in support of the zoning by-law amendment application for 342-346 Davenport Road as revised and described in the report (May 17, 2017) from the City Solicitor and as set out in Confidential Attachment 1 to the report (May 17, 2017) 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 Attachment A to Confidential Attachment 1 to the report  (May 17, 2017) from the City Solicitor except that the proposal shall be revised to remove any portion of the proposed building that is within eleven (11) metres of the existing building to the northeast of the building based on a line drawn perpendicular from that building;

b.  prior to the Ontario Municipal Board issuing its order, a draft zoning by-law amendment shall be finalized which secures the items as outlined in the report and Public Appendix A to the report (May 17, 2017) from the City Solicitor; and

c.  prior to the Ontario Municipal 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.  prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a cash contribution of $100,000 to improvements to the Designer Walk Lane to be indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of Ontario Municipal Board approval to the date the payment is made. These funds shall be used in accordance with Official Plan policy 5.1.1 and be determined in consultation with the Ward Councillor and to the satisfaction of Chief Planner and Executive Director, City Planning; and

ii.  in the event the cash contribution referred to in Part 2.c.i above has not been used for the intended purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan policy 5.1.1 and will benefit the community in the vicinity of the lands.

3.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the zoning by-law amendment and any other related planning instruments and City Council authorize the City Solicitor to request the Ontario Municipal Board to approve the development in accordance with City Council's decision.

4.  City Council direct the City Solicitor and appropriate staff, as part of the site plan approval process, to work with the applicant, the Davenport Triangle Residents Inc. and the Annex Residents Association to review the following matters:

a.  the amount and location of windows on the rear face of the proposed building opposite the adjacent building to the northeast; and

b.  the planters and/or screening to be located at the northern edge of the rear balconies limited to the southern portion of the proposed building.

Confidential Attachment A to the report (May 17, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 17, 2017) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice which is subject to solicitor-client privilege.