Item - 2021.CC35.26

City Council on July 14, 15 and 16, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Josh Matlow.

2. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor Josh Matlow.

3. City Council direct that Confidential Attachment 1 to the report (July 7, 2021) from the City Solicitor remain confidential.

The confidential instructions to staff in the confidential attachment to motion 1 by Councillor Josh Matlow were adopted by City Council and are now public as follows:

1. City Council not accept the "with prejudice" settlement offer as described in Public Attachment 1 to the report (July 7, 2021) from the City Solicitor.

2. City Council not accept the “without prejudice” settlement offer as described in Confidential Appendix A to the report (July 7, 2021) from the City Solicitor.

3. City Council instruct the City Solicitor and appropriate City Staff to continue discussions with the applicant, and should a satisfactory settlement be arrived at prior to the start of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing, City Council authorize the City Solicitor to settle the matter after consultation with the local Councillor.

4. City Council instruct the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter to oppose the development detailed in the "with prejudice" settlement offer, and City Council authorize the City Solicitor to retain outside consultants as required.

5.  If the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approves the development detailed in the "with prejudice" settlement offer, in whole or in part, or approves a future settlement the applicant and City agree to, City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted a revised Functional Servicing Report which addresses the May 18, 2016 Memorandum from Engineering and Construction Services, including confirmation of water and fire flow, sanitary and storm water capacity, and a Storm Water Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the owner has submitted an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water;

d.  the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Functional Servicing Report and Hydrogeological Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted engineering reports; and

e.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing community benefits and matters of legal convenience to support the development.

Confidential Attachment 1, including Confidential Appendix A to the report (July 7, 2021) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.