Item - 2019.CC9.17

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 8, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated June 18, 2019 in Confidential Appendix A  to the report (July 8, 2019) from the City Solicitor and City Council direct the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal in support of the settlement.

2.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution in the amount of $997,000.00, such funds to be used by the City for local parkland and/or community facility improvements in the area as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the improvements will be secured in the Amending By-law as well as other matters referred to in City Council's decision and the report from the City Solicitor;

ii.  in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the Amending By-laws coming into full force and effect, the cash contribution may be redirected for another purpose within the boundaries of the existing Ward 6, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and

iii.  the $997,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to the issuance of the first above-grade building permit.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Amending By-laws until such time as the City Solicitor has advised the Tribunal that:

a.  the proposed Official Plan Amendment and Zoning By-law Amendments are in a form satisfactory to the City;

b.  the City has received an executed Section 37 Agreement, satisfactory to the City Solicitor, securing the benefits outlined in Part 2 above and the Section 37 Agreement has been registered on title to the Subject Property;

c.  the applicant must resolve all outstanding issues identified in the Engineering and Construction memo dated October 11, 2016 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  due to outstanding servicing issues, a holding provision ("H") has been included in the Zoning By-law Amendment until such time as an acceptable sanitary system solution is constructed and operational as determined by the Chief Engineer and Executive Director, Engineering and Construction Services which may include the applicant upgrading the existing municipal infrastructure off site; and

e.  the applicant confirms that there are no Rental Housing Replacement issues as a result of the additional lands incorporated into the development to the satisfaction of the Chief Planner and Executive Director, City Planning.

Confidential Appendix A to the report (July 8, 2019) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.