Item - 2019.CC12.7

City Council on November 26 and 27, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Thompson.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended, and direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential as they contain information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor,  as amended by motion 1 by Councillor Thompson, were adopted by City Council and are now public, as follows:

1.  City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal in opposition to the Zoning By-law Amendment application for 2525 Lawrence Avenue East, 1380 Midland Avenue and 1-51,201-211 and 300 Prudential Drive in its present form.

2.  City Council direct City staff to continue discussions with the owner, and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal provided the following occurs:

a.  results of requested further hydrogeological testing related to groundwater quality and discharge are provided to the City to the satisfaction Toronto Water; and

b.  a minimum of 90 units within the development are secured as affordable units for a minimum of 20 years.

3.  City Council authorize the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

4.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor;

b.  community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director, Community Planning, Scarborough District and the City Solicitor; and

c.  proposed groundwater quality and discharge from the proposed development is to the satisfaction of Toronto Water.

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

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client privilege.