Item - 2021.CC32.11

City Council on May 5 and 6, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 29, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 29, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 29, 2021) 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 (April 29, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council authorize the City Solicitor to attend the Local Planning Appeal Tribunal hearing with appropriate City Staff in opposition to the Zoning By-law Amendment application (File 19 253476 STE 19 OZ) proposed for 6 Dawes Road.

2.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the outstanding issues set out in the report (April 29, 2021) from the City Solicitor.

3.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of any final Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the form and content of the Zoning By-law Amendment has been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted required reports and secured necessary conditions to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Solid Waste Services and the General Manager, Transportation Services;

c.  the owner has submitted a revised Functional Servicing Report (including confirmation of water flow, sanitary and storm water capacity), Storm Water Management Report and Hydro-geological Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

d.  the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law, or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

e.  the design and the provision of financial securities is secured for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

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

g.  the owner has secured parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation;

h.  the owner has submitted a revised noise and vibration report and rail safety report acceptable to, and to the satisfaction of, the City's peer reviewer; and

i.  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, in consultation with the Ward Councillor.

7.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (April 29, 2021) 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 (April 29, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.