Item - 2019.CC7.11

City Council on May 14 and 15, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential  instructions to staff in Confidential Attachment 1, and Confidential Attachments 2 and 3 to the report (May 6, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 2019) 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 (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated May 6, 2019 in Confidential Attachment 2 to the report (May 6, 2019) from the City Solicitor, subject to the Parts set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on the matter of 1200 Dundas Street West in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (May 6, 2019) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (May 6, 2019) from the City Solicitor, subject to the Parts set out below.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as the Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b.  all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and

c.  the Site Plan Approval pre-approval conditions have been finalized or other satisfactory arrangements have been made to secure the following matters to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor:

i.  screening of the proposed loading space and rooftop mechanical chiller equipment;

ii.  the location of the required bicycle spaces to ensure they are in locations that are usable and accessible;

iii.  the dimensions and programming of the outdoor amenity space;

iv.  the materiality of the base building construction;

v.  a rounding of the built form at the corner of Dundas Street West and Lakeview Avenue;

vi.  improvements and final design of the streetscape/boulevard landscaping, including replacement of the existing seating wall; and

vii.  a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  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 (May 6, 2019) 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 (May 6, 2019) 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 (May 6, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.