Item - 2021.CC30.10

City Council on March 10, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (March 3, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the "without prejudice" settlement offer as described in Confidential Appendices A and B (collectively the "Settlement Offer") to the report (March 3, 2021) from the City Solicitor subject to Parts 2 to 7 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal on this matter in support of the Settlement Offer, but subject to any approved Zoning By-law Amendment for the lands known at 1861 O'Connor Drive (the "Property") contain a Holding Symbol (H) pursuant to Section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, be subject to the substantial completion of the Municipal Class Environmental Assessment Study for the Golden Mile area, where a preferred alignment of O'Connor Drive has been selected.

3.  City Council direct that should the owner continue to oppose the use of the Holding Symbol (H) on the Property, City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal on this matter to oppose the approval of the Zoning By-law Amendments without a Holding Symbol (H) pursuant to Section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, be subject to the substantial completion of the Municipal Class Environmental Assessment Study for the Golden Mile area, where a preferred alignment of O'Connor Drive has been selected.

4.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) on the Zoning By-law Amendments 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, North York District and the City Solicitor, including the Holding Symbol (H) pursuant to Section 36 of the Planning Act, the form and content to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b.  the owner has entered into a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and the Section 37 Agreement has been executed and registered on title to the satisfaction of the City Solicitor, securing the community benefits outlined in Part 6 below.

5. In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request that the Local Planning Appeal Tribunal to withhold its Order(s) on the Site Plan Control application until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the owner has entered into a standard site plan agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b.  the owner has cleared the pre-conditions of the NOAC, such matters to be completed within 6 months of the issuance of the Local Planning Appeal Tribunal's decision.

6.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act to secure the community benefits offered in the Settlement Offer as follows:

a.  payment of a cash contribution in the amount of five hundred thousand dollars ($500,000) to the City prior to the issuance of the first above-grade building permit for the Property to be allocated to local community benefits and improvements in the vicinity of the Property, to be detailed in the Section 37 Agreement;

b.  in the event the cash contribution referred to in Part 6.a.i. above has not been used for the intended purpose set out in the Section 37 Agreement, within three (3) years of the Zoning By-law Amendments coming into full force and effect, the cash contribution may be redirected for another purpose, 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 Property; and

c.  the cash contribution noted in Part 6.a.i. above shall be indexed upwardly in accordance with the Building Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment to the City.

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

Confidential Appendices A and B to the report (March 3, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 3, 2021) 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 and information, that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (March 3, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.