Item - 2021.TE29.6

City Council on December 15, 16 and 17, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District.

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District, remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District were adopted by City Council and are now public as follows: 

1.  City Council accept the with prejudice settlement offer dated October 29, 2021 in Public Appendix A and the revised plans substantially in accordance with Public Appendix B to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District for the lands municipally known as 1375 Queen Street West (the "Site"), subject to Parts 2 to 5 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendices A and B to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District.

3.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415 Article III of the Toronto Municipal Code.

4.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions;

b.  the owner has submitted a revised Transportation Impact Study and Parking Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured at no cost to the City if required;

c.  the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; such reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrade or improvements of the existing municipal infrastructure are required; and

d.  the owner has withdrawn its appeal of Official Plan Amendment 445 (Parkdale Main Street and West Queen West Site and Area Specific Policy) and associated Zoning By-laws.

5.  City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (November 2, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation privilege