Item - 2019.CC1.19

City Council on December 4, 5 and 13, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remains confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated October 23, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as shown on the Revised Plans dated October 22, 2018, in Confidential Attachment 3 to the report (December 3, 2018) 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 hearing on this matter in support of the revised proposed development set out in the Settlement Offer dated October 23, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as shown on the Revised Plans dated October 22, 2018, in Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 3 to 7 below.

3.  City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act as described in the Settlement Offer dated October 23, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as shown on the Revised Plans dated October 22, 2018, in Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, with the location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor.

4.  City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry, and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law and Official Plan amendment until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law and Official Plan amendments are in a form satisfactory to the City;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has submitted an updated Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has provided such documentation as is required to confirm water, sanitary, and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the Chief Planner and Executive Director, City Planning, under delegated authority has approved the rental housing demolition application File 16 249601 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish one existing rental dwelling unit at 413-435 Roehampton Avenue.

7.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachments 2 and 3 to the report (December 3, 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 (December 3, 2018) remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice or communications that are subject to solicitor-client privilege.