Item - 2019.CC9.20

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the "with prejudice" settlement offer as described in Public Attachment 1 and Public Attachment 2 to the report (July 8, 2019) from the City Solicitor, subject to Parts 2 and 3 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 Settlement Offer.

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 Local Planning Appeal Tribunal has been advised by the City Solicitor that:

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

b.  a Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act has been submitted by the owner to demolish the 5 existing rental housing units at 579 to 585 Lawrence Avenue West and the Chief Planner and Executive Director, City Planning, under delegated authority, has dealt with such Rental Housing Demolition application;

c.  the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

d.  the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Engineering Reports, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted Engineering Reports; and

e.  the owner has withdrawn its Official Plan Amendment appeal filed in support of the proposed development on the site, municipally known as 579-585 Lawrence Avenue West, on the condition that Official Plan Amendment 433 and Site and Area Specific Policy 559 are not appealed and come into full force and effect:

i.  should the owner not withdraw or be unable to withdraw its Official Plan Amendment appeal, the City Solicitor will request the Local Planning Appeal Tribunal to withhold its Order on the Official Plan Amendment pending satisfaction of the matters in Part 3.a. to d. above.

The balance of Confidential Attachment 1 to the report (July 8, 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 and information that that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.