Item - 2019.CC9.19

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 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 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 (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 May 28, 2019 in Public Attachment 1 to the report (July 8, 2019) from the City Solicitor.

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 dated May 28, 2019 in Public Attachment 1 and Public Appendix A to Public Attachment 1 to the report (July 8, 2019) from the City Solicitor.

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

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 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  a revised Hydrogeology Report and Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the owner has entered into a financially secured agreement for the construction of any required improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development based on the report in Part 3.c. above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services.

4.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Site Plan Approval application until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the list of conditions of Site Plan Approval have been finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning;

b.  the Applicant has provided revised plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services that show the curb extension to the east of the site to straighten Hopewell Avenue and formalize on-street parking on the north side of the street; and

c.  the Applicant has satisfied all pre-approval conditions of Site Plan Approval, and the execution and registration of a Site Plan Agreement with the City pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions 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 (July 8, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.