Item - 2023.CC2.10

City Council on December 14 and 15, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor. 

3. City Council direct that Confidential Appendices A and B to the report (December 6, 2022) from the City Solicitor be kept confidential, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

4. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2022) 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 (December 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council refuse the settlement offer on the appeal related to 3280 Dufferin Street and 12-16 Orfus Road on terms set out in a letter dated November 15, 2022, by Davies Howe LLP, attached as Confidential Appendix A to the report (December 6, 2022) from the City Solicitor.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing commencing on January 9, 2023 in opposition to the settlement offer; documents attached to the settlement offer are listed below and attached as Confidential Appendix B to the report (December 6, 2022) from the City Solicitor:

a. Architectural Plans prepared by IBI Architects, dated September 9, 2022;

b. Landscape Plan prepared by Strybos Barron King Landscape Architecture, dated October 25, 2022;

c. Shadow Study prepared by IBI Architects, dated August 2022; and

d. Draft Zoning By-law Amendments dated November 9, 2022.

3. City Council instruct the City Solicitor to request, if the appeal is allowed, in whole or in part, the Ontario Land Tribunal to continue to withhold its Final Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the following matters have been resolved:

a. the Ontario Land Tribunal has been advised by the City Solicitor that the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner has submitted revised architectural and landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted a revised shadow study and a wind tunnel test and study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner has submitted an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;
 

e. the owner has submitted a revised Travel Demand Management (TDM) Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that such matters arising from such study be secured if required;

f. the owner has addressed all outstanding engineering issues outlined in the memo dated December 1, 2021 from Engineering and Construction Services as they relate to the Zoning By-law Amendments and Site Plan Control applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner has provided a revised Functional Servicing and Stormwater Management Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

h. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, 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; in requiring any off site municipal infrastructure upgrades the owner is to make satisfactory arrangements with Engineering and Construction Services for work on the City's Right-of-Way;

i. the owner has confirmed from the City Solicitor that the implementation of the Functional Servicing Report and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services, does not require changes to the proposed amending by-laws, or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. 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;

k. the list of site plan approval conditions has been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning, and the applicant has satisfied all site plan approval conditions, including entering into and registering a Site Plan Agreement pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006, with such Agreement to include Conditions of Site Plan Approval;

l. the owner has addressed any applicable issues resulting from the City's peer review of the Compatibility and Mitigation Studies prepared in support of your application by Gradient Wind, dated May 21, 2021, having accepted on February 28, 2022, the City's terms on the peer review by Arcadis Canada of your Compatibility and Mitigation Studies as set out in our letter dated February 23, 2022 from the Director, Community Planning, North York; and

m. the owner has addressed all outstanding issues related to the Zoning By-law Amendment application within the Planning Memorandum dated August 10, 2021, or as may be updated, to the satisfaction of the Director, Community Planning, North York District, and satisfied all other comments and issues of other City Divisions and agencies related to the Zoning By-law Amendment.

The balance of Confidential Attachment 1 to the report (December 6, 2022) 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 (December 6, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Appendices A and B to the report (December 6, 2022) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.