Item - 2019.CC1.22

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 Appendices A and B 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 remain confidential.

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 November 28, 2018 and November 30, 2018, in Confidential Appendix A to the report (December 3, 2018) from the City Solicitor.

2.  In the event the Local Planning Appeal Tribunal allows the Zoning By-law Amendment application and Draft Plan of Subdivision application appeals, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to:

a.  in respect of the Zoning By-law Amendment application, withhold its final order approving the application pending receipt of written notice from the City Solicitor, the Owner of the subject lands has entered into and registered against title to the subject lands a Section 37 Agreement to secure the facilities, services and matters described in Confidential Appendix B to the report (December 3, 2018) from the City Solicitor, to the satisfaction of the City Solicitor; and

b.  in respect of the Draft Plan of Subdivision Application, withhold its final order approving the application pending receipt of written notice from the City Solicitor that conditions of draft Plan of Subdivision approval have been agreed to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3.  City Council direct the City Solicitor to request the Local Planning Appeal Tribunal delegate the clearance of conditions of approval for the Draft Plan of Subdivision and the final approval of the Plan of Subdivision to the City pursuant to subsection 51(56.1) of the Planning Act.

4.  City Council classify the subject lands as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning).

Confidential Appendices A and B 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 contains advice or communications that are subject to solicitor-client privilege.