Item - 2022.CC45.19

City Council on June 15 and 16, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 7, 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.

4. City Council authorize the public release of Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 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, attached to the report (June 7, 2022) from the City Solicitor as Confidential Attachment 2 (the "Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 21 171081 ESC 20 OZ) subject to Part 3 below.

2.  City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal hearing in support of the Settlement Offer subject to Part 3 below.

3.  City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the final form of the Zoning By-law Amendment(s) are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate;

c.  the owner has submitted a Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e.  the owner has submitted revised plans/documentation with respect to conditions b and c above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the owner has submitted a Noise and Vibration Study, the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the noise and vibration control measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

g.  the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

h.  the owner has demonstrated that the proposal complies with all elements of the Toronto Green Standard Version 3 for rezoning, including but not limited to the provision of soil volume in the amount of 479.8 cubic metres, as shown on the Landscape Plan included in the Settlement Offer, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning.

Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.