Item - 2022.CC43.7

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 3, 2022) 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 (May 3, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council direct the City Solicitor to attend the Ontario Land Tribunal with respect to the appeal of By-law 936-2021 and the designation of 2 Valleyanna Drive as being of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act in support of amended reasons for designation as contained in Confidential Appendix B to the report (May 3, 2022) from the City Solicitor.

2. City Council accept the settlement offer attached as Confidential Appendix A to the report (May 3, 2022) from the City Solicitor and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the settlement, conditional on the matters being addressed as set out in Part 3 below.

3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its order with respect to the rezoning appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the Zoning By-law Amendment has been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed the comments in the Engineering and Construction Services memorandum dated July 27, 2020, or any update to that memorandum, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has, at its sole expense, provided a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Assessment Review, including the Foundation Drainage Report, all to be satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

d. the owner, at its sole expense, has designed, provided financial security, and entered into legal agreements for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor;

e. should it be deemed necessary by the Chief Engineer and Executive Director, Engineering and Construction Services, the owner shall, prior to the issuance of the Tribunal's order and prior to issuance of any below grade permit for all or any part of the site, including any conditional building permit, design, construct, and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor;

f. the owner has demonstrated within the revised Servicing drawings that space is provided 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;

g. the owner has provided a construction management plan acceptable to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services that addresses matters of site access, location of construction materials, and minimization of impact on neighbouring properties;

h. the owner has provided a revised Arborist Report which accurately details the tree preservation plan, to the satisfaction of General Manager, Parks, Forestry and Recreation; and

i. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template.

4. City Council direct the Chief Planner and Executive Director, City Planning to require, as a condition of Site Plan Approval, that the driveway of the development be constructed of permeable paving, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

Confidential Appendices A and B to the report (May 3, 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 3, 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 and information that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.