Item - 2019.CC7.7

City Council on May 14 and 15, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor  remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor 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 to oppose the Zoning By-law Amendment application for 306-326 Davenport Road in its present form.

2.  City Council direct City staff to continue discussions with the applicant and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a further revised proposal, subject to the resolution of the outstanding issues identified in Item 2018.TE32.13, the (April 16, 2018) report from the Acting Director, Community Planning, Toronto and East York District.

3.  City Council authorize the Chief Planner and Executive Director, City Planning, 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, Toronto and East York District and the City Solicitor;

b.  the owner has provided a wind tunnel test, that is satisfactory to the Director, Community Planning, Toronto and East York District;

c.  the owner has provided an updated Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has provided an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water; and

e.  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, Toronto and East York District and the City Solicitor.

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 to the report (May 6, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.