Item - 2020.CC27.6

City Council on December 16, 17 and 18, 2020, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 2020) from the City Solicitor.

2. City Council authorize the public release of:

a. the confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 2020) from the City Solicitor; and

b. Confidential Attachments 2 and 3 to the report (December 9, 2020) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 9, 2020) 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 (December 9, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated December 8, 2020, in Confidential Attachment 2 to the report (December 9, 2020) from the City Solicitor and as generally shown on the Revised Plans dated November 30, 2020, in Confidential Attachment 3 to the report (December 9, 2020) from the City Solicitor, subject to the Parts 2 to 4 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated December 8, 2020 in Confidential Attachment 2 to the report (December 9, 2020) from the City Solicitor and as generally shown on the Revised Plans dated November 30, 2020 in Confidential Attachment 3 to the report (December 9, 2020) from the City Solicitor. 

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

a.  the form and content of the draft Official Plan and Zoning By-law amendments have been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

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

d.  the owner has submitted revised Truck Maneuvering Diagrams to the satisfaction of General Manager, Transportation Services;

e.  the owner has submitted revised Functional Servicing and Stormwater Management Reports to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the owner has submitted a revised Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g.  the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study accepted by the General Manager, Transportation Services and the Functional Servicing, Hydrogeological and Geotechnical Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

h.  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 Sewer Chapter 68-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

i. the owner has submitted a revised Pedestrian Wind Assessment, including a wind tunnel test to determine whether the recommended mitigation measures are effective, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. 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 (December 9, 2020) 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 (December 9, 2020) 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.