Item - 2022.CC41.15

City Council on March 9, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) 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 (March 2, 2022) from the City Solicitor, and City Council direct that that the balance of Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege; and

b. Confidential Attachments 2 and 3 to the report (March 2, 2022) from the City Solicitor.

3. City Council instruct the City Solicitor and City staff to consult with the local Councillor on any upgrades or solutions proposed by the Applicant to address City staff's concerns relating to sanitary sewer capacity.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer dated March 1, 2022, in Confidential Attachment 2 to the report (March 2, 2022) from the City Solicitor and as generally shown on the Revised Plans in Confidential Attachment 3 to the report (March 2, 2022) from the City Solicitor, subject to Parts 2-5 below.

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of the revised proposal as set out in the Settlement Offer dated March 1, 2022 in Confidential Attachment 2 to the report (March 2, 2022) from the City Solicitor and as generally shown on the Revised Plans in Confidential Attachment 3 to the report (March 2, 2022) from the City Solicitor, subject to Parts 3 and 4 below.

3. City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to request that a holding provision (H) be included in the final form of the Zoning By-law, to be lifted at such time that the following conditions have been fulfilled to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water:

a. upgrades of Wirral Sanitary Pumping Station and forcemain by the City have been constructed to solve the existing pumping station capacity constraints based on the findings of an Environmental Assessment;

b. all local municipal infrastructure improvements or upgrades required to service the proposed development identified by the accepted Functional Servicing Report are secured or constructed; and

c. the owner has entered into appropriate financially secured agreements to implement the required local infrastructure.

4. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until such time as:

a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Director, Community Planning, Scarborough District and the City Solicitor; and

b. the City Solicitor confirms that the owner has provided a Functional Servicing and Stormwater Management Stage 1 Report, a Hydrogeological Report and Summary Forms for each Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services.

5. In the event the Applicant agrees to the imposition of a holding (H) provision in accordance with Part 3 above, City Council authorize the City Solicitor to settle the appeal and attend the Ontario Land Tribunal in support of the development as shown on the Revised Plans in Confidential Attachment 3 to the report (March 2, 2022) from the City Solicitor in its entirety.

6. 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 (March 2, 2022) 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 (March 2, 2022) 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.