Item - 2021.CC34.5

City Council on June 8 and 9, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 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 (May 31, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 31, 2021) 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 31, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council direct the City Solicitor, together with the appropriate staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing to oppose the applicant's appeals respecting the Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications (Files: 20 115845 NNY 08 OZ; 20 115847 NNY 08 SA) for 4050 Yonge Street and the abutting City-owned lands on the basis that the proposal does not reflect appropriate height, scale, mass and built form, among other matters, for this site and, with respect to Site Plan Control, on the additional basis that the applicant is not the registered owner of all lands forming the subject matter of such application.

2.  City Council authorize the City Solicitor and appropriate staff to continue to seek revisions to the applications and to continue discussions with the applicant in an attempt to resolve issues with the proposal satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary.

3.  In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order(s) until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

a.  the proposed Official Plan and Zoning By-law Amendments are in a final form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  a Section 37 Agreement has been executed and registered to secure Section 37 contributions and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

c.  the owner has provided a Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Groundwater Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has designed and provided the City with financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development; and

e.  the owner has entered into an agreement(s) with the City requiring the owner, prior to the issuance of any above grade building permit, and at no cost to the City, to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

Confidential Appendix A to the report (May 31, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 31, 2021) 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 31, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.