Item - 2022.CC47.15

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 6, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 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 (July 6, 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 as described in Confidential Appendix A to the report (July 6, 2022) from the City Solicitor (the "Settlement Offer") and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal case management conference on this matter in support of the Settlement Offer for 1615-1641 Kingston Road and 50-52 Birchcliff Avenue (the "Site").

3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council instruct 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 Official Plan Amendment and the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. City Council has approved the rental housing demolition application 20 203480 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the Site and, should City Council authorize the application, that the Applicant has entered into an agreement pursuant to Section 111 of the City of Toronto Act incorporating securing the replacement rental dwelling units and rents, tenant assistance and other rental related matters, and registered such agreement on title, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the Applicant has submitted an addendum to the Traffic Impact Study to the satisfaction of the General Manager, Transportation Services, addressing comments raised in the June 7, 2022 memorandum from the Manager, Development Engineering, Scarborough District; and

d. the Applicant has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, demonstrating how the development proposal for the Site can be serviced and whether existing municipal infrastructure is adequate to support the proposed development.
 

4. City Council require, as part of the Site Plan approval process, that the Applicant shall enter into an agreement or agreements or otherwise secure the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report and the Traffic Study addendum, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the General Manager, Toronto Water.

5. City Council direct the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning to engage with the Applicant and the Birch Cliff Village Community Residents Association, in conjunction with the review of the site plan control application, to examine the feasibility and appropriateness of implementing measures into the design of the site driveway and boulevard to limit the opportunity for vehicles to exit the Site and travel south on Birchcliff Avenue.

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

Confidential Appendix A to the report (July 6, 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 (July 6, 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 (July 6, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.