Item - 2021.CC30.7

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 1, 2021) from the City Solicitor.

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

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2021) 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 (March 1, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the with prejudice Settlement Offer dated February 8, 2021.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to continue to oppose the Applicant's appeal respecting the Official Plan and Zoning By-law Amendment applications for 35-39 Holmes Avenue, and City Council authorize the City Solicitor to attend the Local Planning Appeal Tribunal hearing in opposition to the Revised Plans, and retain such experts as may be required.

3.  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 final Order on the Zoning By-law Amendment until:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the City Solicitor confirms that the owner has satisfied all outstanding engineering matters, including providing a Functional Servicing Report, Stormwater Management Report, a Site Servicing Plan and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Site Servicing Plan and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required;

d.  the City Solicitor confirms that the implementation of the Functional Servicing Report, Stormwater Management Report, Site Servicing Plan and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; and

e.  the City Solicitor confirms that the Applicant and the City have agreed to an appropriate Section 37 contribution satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor, and that such contribution has been secured through the execution and registration of a Section 37 Agreement to the satisfaction of the City Solicitor.

4.  City Council authorize the City Solicitor and appropriate staff to continue to engage in discussions with the Applicant to explore further revisions to the Official Plan and Zoning By-law Amendment applications in order to resolve City Planning staff's outstanding concerns with the proposal and achieve greater conformity with the policies of the North York Centre Secondary Plan, including the relevant density policies of that plan.

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