Item - 2019.CC2.1

City Council on January 30 and 31, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 29, 2019) from the City Solicitor.

2.  City Council authorize the public release of Confidential Attachment 1 to the supplementary report (January 29, 2019) from the City Solicitor, including the confidential instructions to staff.

3.  City Council direct that Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remain confidential in its entirety as it pertains to litigation or potential litigation and it contains advice or communications that are subject to solicitor-client privilege.

4.  City Council authorize the public release of Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor.

The confidential instructions to staff adopted by City Council are now public, as follows:

1.  City Council accept the Settlement Offer in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 2 to 6 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 3 to 6 below.

3.  City Council instruct the City Solicitor and the Chief Planner and Executive Director, City Planning, to support an Official Plan Amendment application that removes the Subject Property from the Central Finch Area Secondary Plan area and to make the necessary modifications to the Central Finch Area Secondary Plan maps and policies to give effect to this Part 3.   

4.  City Council instruct the City Solicitor to support a Zoning By-law Amendment for the proposal that contains a maximum Floor Space Index of 4.5 times the area of the lot as calculated pursuant to Zoning By-law 569-2013.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment, Official Plan Amendment, and Site Plan applications until such time as the Tribunal has been advised by the City Solicitor that:

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

b.  the Site Plan pre-approval conditions have been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

c.  the Chief Engineer and Executive Director of Engineering and Construction Services has confirmed that all engineering matters have been addressed to the Chief Engineer and Executive Director of Engineering and Construction Services' satisfaction.

6.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachment 1 to the supplementary report (January 29, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council).

Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice that is subject to solicitor-client privilege.