Item - 2021.CC36.8

City Council on October 1 and 4, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor, as amended by motion 1 by Deputy Mayor Denzil Mayor Minnan-Wong, 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Deputy Mayor Denzil Mayor Minnan-Wong, and Confidential Appendices A and B to the report (September 23, 2021) from the City Solicitor at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 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, as amended by motion 1 by Deputy Mayor Denzil Minnan-Wong, and Confidential Appendices A and B to the report (September 23, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Deputy Mayor Denzil Minnan-Wong, and Confidential Appendices A and B to the report (September 23, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the report (September 23, 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 1 to the report (September 23, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

October 19, 2021

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor were adopted by City Council, as amended by motion 1 by Deputy Mayor Denzil Mayor Minnan-Wong, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1.  City Council accept the “without prejudice and confidential” settlement offer as described in Confidential Appendix A and Confidential Appendix B (the “Settlement Offer”) to the report (September 23, 2021) from the City Solicitor and subject to the Parts 2 to 5 below and the revision to the Settlement Offer directed in Part 2 below.

2. City Council direct the City Solicitor to advise the owner (and receive confirmation of same) that the Zoning By-law Amendment shall contain a Holding (H) Symbol pursuant to Section 36 of the Planning Act on the lands which shall be lifted in part or in whole as applicable when one of the following is satisfied:

a.  the selection of the public street alignment as it relates to the O'Connor Drive reconfiguration and extension and substantial completion of the Municipal Class Environmental Assessment, under the Environmental Assessment Act, identifying the alignment of the O'Connor Drive extension; or

b.  it has been demonstrated to the satisfaction of the General Manager, Transportation Services that the development subject of the Zoning By-law can proceed without impacting the final determination of the public street alignment for O'Connor Drive.

3.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 1460 Victoria Park Avenue.

4.  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(s) is in a final form and with content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor and such Zoning By-law including a Holding (H) Symbol, pursuant to Section 36 of the Planning Act, as generally described in Part 2 above, with any such stylistic and technical changes satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services; and

b.  the owner has, at its sole cost and expense:

i.  submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii.  has secured the design and provided financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii.  ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning and the City Solicitor; and

iv.  provided a revised transportation impact study satisfactory and acceptable to the General Manager, Transportation Services, including transportation demand measures to be implemented and secured at site plan approval.

5.  City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (September 23, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).