Item - 2023.CC3.6

City Council on February 7 and 8, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor and of Confidential Attachments 2 and 3 to the report (January 26, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer dated January 25, 2023 in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as generally shown on the Revised Plans dated January 24, 2023, in Confidential Attachment 3 to the report (January 26, 2023) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated January 25, 2022 in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and as generally shown on the Revised Plans dated January 24, 2023 in Confidential Attachment 3 to the report (January 26, 2023) from the City Solicitor.

3.  City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its final order on the Official Plan and Zoning By-law amendment applications until such time as the Tribunal has been advised by the City Solicitor that:

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

b.  the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the proposed development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

c.  the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review and the General Manager, Parks, Forestry and Recreation;

d.  the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

e.  the owner has provided a revised Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with recommendations implemented as part of the amending Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
 

f.  the submitted Noise Feasibility Assessment has been peer reviewed by a qualified third-party consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g.  the Electromagnetic Field Management Report has been reviewed and accepted by Toronto Public Health.

4.  City Council direct the City Solicitor, in the event it is determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and the Traffic Impact Study, to request that a Holding Provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

5.  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 (January 26, 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 (January 26, 2023) 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.