Item - 2021.CC32.10

Tracking Status

  • City Council adopted this item on May 5, 2021 without amendments and without debate.

CC32.10 - 41 Chatsworth Drive - Request for Direction Regarding Local Planning Appeal Tribunal Hearing

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
8 - Eglinton - Lawrence

City Council Decision

City Council on May 5 and 6, 2021, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (April 28, 2021) 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 (April 28, 2021) 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.

 

June 9, 2023

 

The confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor were adopted by City Council, and the following confidential instruction to staff has been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public, as follows:

 

4. 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 Tribunal’s Order is to be withheld until the zoning by-laws are in a form satisfactory to the City Solicitor;

 

b. the Owner has provided a Functional Road Plan and a Pavement Marking and Signage Plan for Chatsworth Drive to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

 

c. all engineering matters, including the submission of a revised Functional Servicing and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

 

d. the Owner has entered into an agreement or agreements or otherwise secured the design, construction and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report or Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water;

 

e. the City Solicitor has received confirmation that the implementation of the Functional Servicing Report and Stormwater Management Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor;

 

f. the Owner and the City have entered into a Section 37 agreement to the satisfaction of the City Solicitor to secure the following matters as a legal convenience:

 

i. the Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard; and

 

g. 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.

 

The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendix A to the report (April 28, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (April 28, 2021) from the City Solicitor, including any part of them, will be made public at the discretion of the City Solicitor.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Background Information (City Council)

(April 28, 2021) Report from the City Solicitor on 41 Chatsworth Drive - Request for Direction Regarding Local Planning Appeal Tribunal Hearing (CC32.10)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-166273.pdf
Confidential Attachment 1
Confidential Appendix A
Source: Toronto City Clerk at www.toronto.ca/council