Item - 2023.CC8.16

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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, B and C to the report (July 4, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 4, 2023) 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 (July 4, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer, dated June 21, 2023 and attached as Confidential Appendix A to the report (July 4, 2023) from the City Solicitor and the revised architectural plans, dated June 5, 2023, prepared by Turner Fleischer Architects Inc., attached as Confidential Appendix B to the report (July 4, 2023) from the City Solicitor along with the draft Zoning By-laws, attached as Confidential Appendix C to the report (July 4, 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 development proposal generally described in the Settlement Offer, the revised architectural plans, attached as Confidential Appendix B to the report (July 4, 2023) from the City Solicitor and the draft zoning by-laws, attached as Confidential Appendix C to the report (July 4, 2023) from the City Solicitor.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed:

a. the amending by-laws are finalized, in a form and content acceptable to the City Solicitor and Chief Planner and Executive Director, City Planning, in a manner that implements the proposed development;

b. the applicant has submitted a Traffic Impact Study and Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services and the Program Manager, District Transportation Planning Unit, Scarborough District;

c. the applicant has addressed comments raised in the March 29, 2022 memorandum from the Toronto Transit Commission, to the satisfaction of the Toronto Transit Commission;

d. the applicant has included, in the site specific by-law, a requirement to provide space within the development for installation of maintenance access holes and sampling ports on the private side of the property, 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;

e. the applicant has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate;

f. the applicant has entered into a financially secured Development Agreement 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 Site Servicing Review accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

g. the applicant has submitted revised plans/reports/documentation with respect to Parts b., d., e., and f. above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

4. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision.

Confidential Appendices A, B, and C to the report (July 4, 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 (July 4, 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.