2872, 2880 and 2882 Kingston Road - Zoning By-law Amendment Application - Request for Direction

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential 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 settlement offer dated April 29, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, (the "Revised Proposal") subject to Parts 2 to 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 April 29, 2022, in Confidential Attachment 2 to the report (May 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: i. the owner shall submit a revised Functional Servicing Report demonstrating sufficient capacity to accommodate the servicing demand for this development, to the satisfaction of the Executive Director, Engineering and Construction Services; and ii. the owner shall enter agreement(s) for the construction of any improvements to existing municipal infrastructure, as required, to the satisfaction of the Executive Director, Engineering and Construction Services. 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 at its sole expense provided a 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 and the General Manager, Toronto Water. 5. 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 Attachment 2 to the report (May 2, 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 (May 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.