Item - 2020.CC23.11

City Council on July 28 and 29, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 14, 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 (July 14, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 14, 2020) 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 (July 14, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor and appropriate City staff to support the issuance of the final Order from the Local Appeal Tribunal respecting the Zoning By-law Amendment appeal for 129-131 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street in the absence of the Owner having:

a.  entered into an agreement with the abutting property at 141 McCaul Street to allow for the loading manoeuvring to occur offsite of the subject property; or

b.  entered into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected.

2.  City Council direct the City Solicitor and appropriate City staff to secure the following as a matter of legal convenience in the Section 37 Agreement, in addition to those matters identified in City Council's decision on May 14, 2019 in Item 2019.CC7.10:

a.  prior to the earlier of Site Plan Approval and issuance of the first Above Grade Building Permit, the Owner shall enter into an agreement with the abutting property owner at 141 McCaul Street securing the future conveyance of appropriate easement(s) to allow for the loading manoeuvring to occur offsite of the subject property, all to the satisfaction of the General Manager, Transportation Services, in consultation with the City Solicitor; and

b.  prior to the earlier of Site Plan Approval and issuance of the first Above Grade Building Permit, the Owner must enter into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected, to the satisfaction of the City Solicitor.

3.  City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (July 14, 2020) from the City Solicitor remains confidential at this time in accordance with the provision 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 (July 14, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.