Item - 2020.CC21.17

City Council on May 28, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 20, 2020) 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.

Confidential Attachment 1 to the report (May 20, 2020) 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 is subject to solicitor-client privilege.  Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

June 10, 2020

The confidential instructions to staff in Confidential Attachment 1 to the report (May 20, 2020) from the City Solicitor, as adopted by City Council, are now public, as follows:

1.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application for 64 Prince Arthur Avenue for the reasons set out in Public Attachment 1 to the report (May 20, 2020) from the City Solicitor.

2.  In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any order until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, including the provision of seven visitor parking spaces on parking level P1;

b.  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 (the “Engineering Reports”) that are satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the final Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services do not require changes to the Zoning By-law Amendment or any required changes have been made to the Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  should it be determined that any improvements, upgrades, or new municipal infrastructure are necessary to support the development in the accepted Engineering Reports, the design and the provision of financial securities for those improvements, upgrades or new infrastructure have been secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e.  appropriate Section 37 benefits that may be required to support the development have been secured in a Section 37 agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, and such agreement has been executed and registered on title to the lands to the satisfaction of the City Solicitor.

3.  City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.