Item - 2018.CC44.8

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

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council direct the City Solicitor, together with City Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal hearing to oppose the applicant's appeal respecting the Official Plan Amendment and the Zoning By-law Amendment applications for the lands at 406-410 Keele Street, in its current form and retain such experts as the City Solicitor may determine are appropriate.

2.  City Council authorize City staff to continue discussions with the applicant on a revised proposal which addresses the issues set out in the report (July 13, 2018) from the City Solicitor.

3.  In the event the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Official Plan Amendment and Zoning By-law Amendment until:

a.  a draft Official Plan Amendment and Zoning By-law Amendment is submitted to the  satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  a Functional Servicing Report, Hydrogeological Report, and Stormwater Management Report is submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  a Noise and Vibration Study is submitted to the satisfaction of CP Rail and the Chief Planner and Executive Director, City Planning including peer reviews at the Owner's expense, and any additional revisions to the noise and vibration report and mitigation measures at the owner's expense;

d.  a revised Transportation Study and Traffic Impact Study for any revised design is submitted to the satisfaction of the General Manager of Transportation Services;

e.  a revised sun/shadow study for any revised design is submitted to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  the Owner shall construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of  Item PG 23.9, and as may be further amended by City Council from time to time; and

g.  the Owner voluntarily enters into an Agreement under Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor for the purpose of securing services, facilities or matters pursuant to Section 37 of the Planning Act, including any required upgrades to municipal infrastructure and the Tier 1 performance measures of the Toronto Green Standard.

4.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.