Item - 2023.CC11.10

City Council on October 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 27, 2023) 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 and B to the report (September 27, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 27, 2023) 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 (September 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated September 25, 2023 set out in Confidential Appendices A and B to the report (September 27, 2023) from the City Solicitor, and City direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the appeal until the City Solicitor has advised that:

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

b. the Owner has submitted a revised Functional Servicing Report, which includes confirmation of water, sanitary, and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City for the design and 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;

d. the Owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10;

e. the Owner has submitted a revised Traffic Impact Study, including a Transportation Demand Management Plan, and a Vehicle Maneuvering Diagram, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services;

f. the Owner has submitted a Wind Study addressing the rooftop outdoor amenity space to the satisfaction of the Chief Planner and Executive Director, City Planning, with any mitigation measures, if required, to be satisfied through the Site Plan approval process; and

g. the Owner has submitted a revised Electromagnetic Field Study and Electromagnetic Field Management Plan in accordance with the letter from Toronto Public Health dated January 30, 2023, to the satisfaction of the Chief Medical Officer, with any mitigation measures, if required, to be satisfied through the Site Plan approval process.

3.  City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (September 27, 2023) 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 (September 27, 2023) 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 (September 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.