Item - 2018.CC44.39

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 17, 2018) 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 (July 17, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the settlement offer with respect to the appeal of the Official Plan Amendment application and the Zoning By-law Amendment application as described in Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor, and as more particularly described in Confidential Appendix A to Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor and in substantial accordance with the architectural drawings included as Confidential Appendix B to Confidential Attachment 1 to the report (July 17, 2018) from the City Solicitor (collectively, Confidential Appendix A and Confidential Appendix B are the "Settlement Offer"), with such further modifications to the architectural drawings as may be permitted by and to the satisfaction of the Chief Planner and Executive Director, City Planning, subject to Parts 2 through 5, inclusive below, and City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to take such steps to give effect to the settlement.

2.  City Council direct that the final built form of the Zoning By-law Amendment shall be substantially in accordance with Confidential Appendix B attached to the report (July 17, 2018)  from the City Solicitor subject to the requirement that the final form of the Zoning By-law Amendment shall not permit new net shadow on the parkland forming a part of the property municipally known as 519 Church Street as required by Policy 5.7.3 of Site Area Specific Policy 382.

3.  City Council direct the City Solicitor and other appropriate staff to attend at the Local Planning Appeal Tribunal hearing to be scheduled by the applicant, on consent of the City, in support of the Settlement Offer.

4.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order approving the Official Plan Amendment and Zoning By-law Amendment applications pending receipt of written notice from the City Solicitor that:

a.  the final form and content of the Official Plan Amendment and the Zoning By-law Amendments are satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b.  the Owner has, at its sole expense:

i.  provided a Traffic Impact Study, to the satisfaction of the General Manager, Transportation Services relating to the functionality of site circulation and turning movements;

ii.  provided a Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, and Groundwater Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii.  designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development;

iv.  should it be deemed necessary at the sole discretion of the City Solicitor in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, the Owner has entered into an agreement with the City requiring the Owner, prior to the issuance of any above-grade building permit for all or any part of the site, including for clarity, any conditional above-grade building permit, and at no cost to the City, to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; and

v.  the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services either do not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor, and the Chief Engineer and Executive Director, Engineering and Construction Services.

5.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment provided with the Settlement Offer, as deemed necessary by and at the sole discretion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning.

Confidential Appendices A and B to the report (July 17, 2018) 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 (July 17, 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.