Item - 2021.DM32.1

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 (March 29, 2021) 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 and B to the report (March 29, 2021) from the City Solicitor.

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

1.  City Council accept the “without prejudice” settlement offer as described in Confidential Appendix A and Confidential Appendix B (the “Settlement Offer”) to the report (March 29, 2021) from the City Solicitor and subject to Parts 2 to 4 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on the Zoning By-law Amendment in support of the Settlement Offer for the lands municipally known as 206 Russell Hill Road (the “Site”).

3.  Should the Local Planning Appeal Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the final Order on the Zoning By-law Amendment appeal until such time as:

a.  the final form and content of the Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, substantially in accordance with the plans and drawings in Confidential Appendix B to the report, (March 29, 2021) from the City Solicitor, including the re-zoning of the rear portion of the Site to Open Space - Natural (ON) to be conveyed into public ownership as directed by the Toronto and Region Conservation Authority; and

b.  the owner has, at its sole expense:

i.  submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological 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 and confirmation that the amending by-laws do not require any modifications to address the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; and

ii. submitted a revised Landscape Plan and Arborist Report acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning.

4.  City Council direct the following regarding Site Plan Approval, whereby the owner shall:

a.  provide plans and drawings, including a site plan and tree protection and planting/restoration/naturalization plan clearly depicting the area zoned Open Space - Natural to be conveyed in public ownership to the City, at no cost to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning and such requirement for conveyance of the land be secured in the Site Plan Agreement to the satisfaction of the City Solicitor and conveyed to the City as a pre-approval condition of Site Plan Approval;

b.  preserve the Category 4 Red Oak tree (identified as Tree 2) that is located in the northeast portion of the Site, in accordance with the Tree Inventory and Preservation Plan and Arborist Report prepared by Kuntz Forestry Consulting Inc. dated March 24, 2021 (on file with the General Manager, Parks, Forestry and Recreation) and with such report to the satisfaction of the General Manager, Parks, Forestry and Recreation;

c.  submit a revised landscape and naturalization planting plan to Ravine and Natural Feature Protection for review and approval, where such plans and drawings shall contain details for lands located immediately north within Winston Churchill Park and for the western portion of the Site and such an approved landscape plan and naturalization planting plan will be secured as a plan and drawing as part of Site Plan Approval to the satisfaction of Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation; and

d.  as a pre-approval condition to site plan approval, provide for compensation for the loss of trees and the disturbance to the ravine and natural heritage systems services to be directed towards including improvements along the north property line within the Winston Churchill Park, and such landscape improvements may include improvements on the adjacent City park lands (or a financial contribution for such improvements), with the details of such landscape improvements to be reflected in revised Landscape Plans to be approved as part of the Site Plan Approval process and the final financial contribution to be determined by, and to the satisfaction of, the General Manager, Parks, Forestry and Recreation.

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 (March 29, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council).