Item - 2022.CC43.10

City Council on May 11 and 12, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

3. City Council authorize the public release of Confidential Attachments 2 and 3 the report (May 2, 2022) from the City Solicitor.

4. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) 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 (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice Settlement Offer dated April 12, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 6, 2022, in Confidential Attachment 3 to the report (May 2, 2022) from the City Solicitor, subject to Parts 2 to 5 below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 12, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 6, 2022, in Confidential Attachment 3 to the report (May 2, 2022) from the City Solicitor.

3. City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor:

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

i. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit; and

ii. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Land Use Compatibility and Mitigation Study satisfactory to the Chief Planner and Executive Director, City Planning;

b. the Applicant has provided a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary, and storm water capacity, and Storm Water Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c. the Applicant has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

d. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Storm Water Management Report, and the Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and the General Manager, Transportation Services;

e. the Applicant has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. the Applicant has submitted a revised Landscape Concept Plan, Soil Volume Plan, and Tree Preservation Plan, and all tree preservation matters are resolved, all to the satisfaction of the General Manager, Parks, Forestry, and Recreation;

g. both the submitted Noise and Vibration Feasibility Study and the Land Use Compatibility and Mitigation Study have been peer reviewed by third-party consultants retained by the City of Toronto at the Applicant's expense and the Applicant has secured any mitigation measures and recommendations of the peer review, including obtaining City Council's approval to identify the Subject Site as a Class 4 Property, and with the design of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

h. the Applicant has submitted updated Wind Studies, including a wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, with the design and construction of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

Confidential Attachments 2 and 3 the report (May 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 (May 2, 2022) 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 (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.