386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue - Official Plan and Zoning By-law Amendment Applications - Request for Further Direction

The settlement, among other matters, also provided for section 37 cash contributions including a $500,000 contribution to the Conseil Scolaire Viamonde (the "Conseil") for improvements to its school yard located immediately to the west of the subject property, contingent on a community use agreement, and a further $250,000 contribution to the City for the purpose of parks improvements in the vicinity of the subject property. Following Council's decision, further discussions occurred between the owner and the Perth Symington Kingsley Residents Association (the "Association"), being a party to the proceeding. The Association took issue with the allocation of the section 37 funds. A further mediation session was held by the Local Planning Appeal Tribunal (the "LPAT") including the City, the appellant and the Association. The appellant and the Association reached a tentative agreement respecting the section 37 contribution including: 1. a reallocation of the City's component of the section 37 contribution towards local improvements rather than strictly park improvements; and 2. revised wording to allow the Association to provide input in terms of the design and the public's use of the Conseil's school yard. The City was unable to commit to either of the above noted changes to the settlement in the absence of further Council direction and committed to reporting to seek instructions from Council at the earliest opportunity. Accordingly, the City Solicitor requires further direction on an urgent basis.