Item - 2019.CC12.8

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.

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.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) 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 instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the revised proposal dated October 9, 2019, by Bousfields Inc. and attached as Public Appendix A to the report (November 19, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal status hearing on this matter in support of the revised proposal set out in the architectural plans prepared by Giovanni A.Tassone Architect Inc. dated October 8, 2019 and attached as Public Appendix B to the report (November 19, 2019) from the City Solicitor.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to continue to withhold its Final Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that the following matters have been resolved:

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief  Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted an updated Transportation Impact Brief that includes a Transportation Demand Management plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services;

c.  the owner has submitted revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Investigation Report, and Site Servicing and Grading plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Hydrogeological Investigation Report, and Site Servicing and Grading plans to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water;

e.  the owner has submitted revised Architectural Plans, a Landscape Plan, and an Arborist Report and Tree Preservation Plan to the satisfaction of Urban Forestry and the Chief Planner and Executive Director, City Planning;

f.  a Section 37 Agreement has been executed based on terms previously agreed upon by the City as part of the settlement; and

g.  the associated site-specific Official Plan Amendment 162 has been amended by the Local Planning Appeal Tribunal to allow for an additional height of 2.69 metres for structural and mechanical reasons.

The balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remains confidential at this time in accordance with the provision 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 (November 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.