Item - 2019.CC13.4

City Council on December 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor; and

b.  Confidential Attachments 2 and 3 to the report (December 10, 2019) from the City Solicitor.

3.  City Council direct that the balance Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated December 4, 2019 in Confidential Attachment 2 to the report (December 10, 2019) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 10, 2019) from the City Solicitor, subject to Parts 3 and 4 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal pre-hearing on this matter in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (December 10, 2019) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (December 10, 2019) from the City Solicitor, subject to Parts 3 and 4 set out below.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final 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 proposed Zoning By-law amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b.  the Owner has submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, for review and acceptance, a Functional Servicing Report and Stormwater Management Report, and Hydrogeotechnical Report to determine the sanitary flow, water/fire supply demand and storm water, and private water resulting from this development, and demonstrate how the Subject Site can be serviced and whether the existing municipal infrastructure is adequate;

c.  the Owner has entered into a financially secured Development Agreement, and obtained approval from internal and external agencies for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the Owner has submitted a Traffic Impact Study to the satisfaction of the General Manager, Transportation Services.

4.  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.

Confidential Attachments 2 and 3 to the report (December 10, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (December 10, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.