Item - 2018.CC38.6

City Council on March 26 and 27, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor Christin Carmichael Greb.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor Christin Carmichael Greb and City Council direct that the balance of Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (March 16, 2018) from the City Solicitor were adopted by City Council, as amended by the confidential instructions to staff attached to motion 1 by Councillor  Christin Carmichael Greb, and are now public, as follows:

1.  City Council continue to oppose the Official Plan and Zoning By-law amendments and the associated development proposed for 250 Lawrence Avenue West and 219 Glengarry Avenue.

2.  Council authorize the City Solicitor and appropriate staff to attend at the Ontario Municipal Board hearing in support of Council's opposition, and if necessary, City Council authorize the City Solicitor to retain outside consultants.

3.  City Council direct City staff to continue discussions with the applicant, and City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal that provides the following:

a. a maximum overall height of 23 metres, which reflects the local context and is the approximate height of the building across the street at 515 Rosewell Avenue;

b. full compliance with the 45 degree angular plane as measured from the ground at the eastern lot line;

c. accurate GFA and FSI calculations as per the net site area (minus the proposed Toronto and Region Conservation Authority buffer lands and Toe Erosion buffer lands); 

d. accurate placement of angular planes along east property line to the Neighbourhoods designation;

e. a correction to the indicated number of storeys on the plans from 9 to 10 storeys;

f. a Publicly Owned Privately Accessible Space fronting on Lawrence Avenue West to increase outdoor amenity area and provide a formal link to the on-site parkland dedication at the rear of the site;

g. appropriate public benefits under Section 37 of the Planning Act to be directed, in consultation with the local Councillor, to revitalizing the Douglas Greenbelt; and

h. any balconies or walkouts be removed from the northern side of the proposed building as these will result in significant overlook issues for the local residents.

4.  If the Ontario Municipal Board approves the proposed development, City Council direct the City Solicitor to request that community benefits under Section 37 of the Planning Act be provided by the owner, with the amount to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to be allocated towards the revitalization of the Douglas Greenbelt, or other parks in the area, 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.

5.  If the Ontario Municipal Board approves the proposed development, City Council direct the City Solicitor to advise the Ontario Municipal Board that the City will be requesting an on-site parkland dedication; the parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6.  If the Ontario Municipal Board approves the proposed development, City Council instruct the City Solicitor to request that the Ontario Municipal Board withhold its Order on the Official Plan and Zoning By-law amendments until such time that:

a.  the Board has been advised by the City Solicitor that the proposed Official Plan and zoning by-law amendments are in a form satisfactory to the City; and

b.  the City has received an executed Section 37 Agreement for the community benefits to be determined as outlined in Part 4 above.

7. If the Ontario Municipal Board approves the proposed development, 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 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.

8.  If the Ontario Municipal Board approves the proposed development, upon the submission of a site plan control application for the site, City Council direct City Planning staff to form a site plan working group, in consultation with the local Councillor, to help mitigate impacts from the proposed development on the community.

The balance of Confidential Attachment 1 to the report (March 16, 2018) 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.