Item - 2022.CC43.19

City Council on May 11 and 12, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (May 3, 2022) 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 (May 3, 2022) 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.

Confidential Attachment 1 and Confidential Appendices A, B and C to the report (May 3, 2022) 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 and information that is subject to solicitor-client privilege.  The confidential instructions to staff adopted by City Council and Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

August 30, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor were adopted by City Council, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1.  City Council accept the settlement offer attached as Confidential Appendix A to the report (May 3, 2022) from the City Solicitor (the "Settlement Offer"), substantially in the form and content of Confidential Appendix B to the report (May 3, 2022) from the City Solicitor and endorse the Context Plan in Confidential Appendix C to the report (May 3, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 860 Pharmacy Avenue, 9-23 and 32-40 Craigton Drive, and 1 Rannock Street (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 5 below.

2.  In the event that the Ontario Land Tribunal allows 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 Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer;

b.  the Owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed Site and Area-Specific Policy into Section 14 of the Golden Mile Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan; and

c.  the Owner has, at its sole cost and expense:

i.  submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii.  has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

iii. submitted a revised Multi-Modal Transportation Impact Study satisfactory to the General Manager, Transportation Services and thereafter secured the implementation of such requirements satisfactory to the General Manager, Transportation Services in consultation with the City Solicitor.

3.  Prior to attending the Ontario Land Tribunal on this matter, City Council direct that the Owner submit to the City a complete resubmission on the Official Plan Amendment application including updated reports, plans, drawings and materials satisfactory to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the appropriate divisions.

4.  City Council direct that acceptance of this Settlement Offer is contingent upon the Owner providing satisfactory materials to address servicing capacity matters and infrastructure improvements, either through a Master Servicing Study for the Golden Mile Area or through a Functional Servicing and Stormwater Management Report for the Property in coordination with the Master Servicing Study to support the proposed density in this Settlement Offer satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services.

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

Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).