Item - 2020.CC22.8

City Council on June 29 and 30, 2020 adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 23, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (June 23, 2020) 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 (June 23, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Local Planning Appeal Tribunal hearing to continue to oppose the applicant's appeal respecting the Official Plan and Zoning By-law Amendment application (File 17 210131 STE 27 OZ) for 64-66 Wellesley Street East and 552-570 Church Street, including the City-owned laneway.

2.  City Council authorize the City Solicitor and appropriate staff to continue to seek revisions to the applications and to continue discussions with the applicant in an attempt to resolve issues with the proposal satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary.

3.  In the event that the Local Planning Appeal Tribunal allows the appeal 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 Official Plan Amendments and Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services; and amongst other matters include:

i.  securing replacement rental dwelling units and rents, tenant relocation and assistance and any other rental housing related matters at least in conformity with Housing Policy 3.2.1.6 of the Official Plan, and the owner has entered into and registered a Section 37 Agreement with the City incorporating such replacement rental dwelling units, securing rents, tenant relocation and assistance, any other rental housing related matters and other section 37 matters, all to the satisfaction of the City Solicitor; and

ii.  the requirement for appropriate matters, services and facilities to be provided by the owner at the owner's expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development;

b.   the owner has entered into a Heritage Easement Agreement with the City for the property at 64 Wellesley Street East in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including execution and registration of such agreement to the satisfaction of the City Solicitor;

c.  the owner has applied for and obtained approval for alterations to the heritage property at 64 Wellesley Street East under section 33 of the Ontario Heritage Act;

d.  City Council has dealt with a future Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units on the property and such matters arising from the future Rental Housing Demolition Application have been secured in a Section 111 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, and registered on title to the site to the satisfaction of the City Solicitor;

e.  the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

f.  the owner has designed and provided financial securities for any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development;

g. the owner has entered into and executed a Section 37 Agreement securing such matters, services and facilities to be provided by the owner at the owner's own expense pursuant to Section 37 of the Planning Act and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered on title to the lands satisfactory to the City Solicitor; and

h.  the owner withdraws the owner's appeals of Official Plan Amendment 352, and By-laws 1106-2016 and 1107-2016.

4.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (June 23, 2020) 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 (June 23, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.