Item - 2018.CC44.22

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachment 2, including Confidential Appendix A, to the report (July 16, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 16, 2018) 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 recommendations in Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 12, 2018 in Confidential Attachment 2 to the report (July 16, 2018) 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 July 12, 2018 in Confidential Attachment 2 to the report (July 16, 2018) 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 Planning and Executive Director, City Planning, and the City Solicitor;

b.  all engineering matters, including the necessary revisions to Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c.  such services, facilities, or matters as may be considered appropriate by the Chief Planner and Executive Director, City Planning, in consultation with the Applicant and the Ward Councillor, have been secured through the Site Plan Approval process and pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006.

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 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 Planning and Executive Director, City Planning; and

b.  the Applicant has satisfied all pre-approval conditions of Site Plan Approval, including 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 Planning and Executive Director, City Planning, and the City Solicitor.

Confidential Attachment 2, including Confidential Appendix A, to the report (July 16, 2018) 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 (July 16, 2018) 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 16, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.