Item - 2023.CC11.13

City Council on October 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 26, 2023) 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 (September 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice settlement offer to settle dated September 25, 2023 set out in Public Appendices A and B to the report (September 26, 2023) from the City Solicitor (the architectural plans and drawings) (together the "Settlement Offer"), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the rezoning appeal until the City Solicitor has advised that:

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

b. the Owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes confirmation of water, sanitary, and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. the Owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process;

e. the owner has secured an acceptable Tenant Relocation and Assistance Plan for any sitting tenants of the existing rental dwelling units proposed to be demolished at the time of application, addressing financial compensation and other assistance to lessen hardship; the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, and shall be implemented prior to the issuance of Notice of Approval Conditions for Site Plan Approval; and

f.  the owner has provided an undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan required in Part 2.e. above.

3. City Council be advised that the City Solicitor will ask the Ontario Land Tribunal to withhold its Order on the Site Plan appeal until the City Solicitor has advised that:

a. the City has issued Notice of Approval Conditions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. the Owner has satisfied all pre-approval conditions included in the Notice of Approval Conditions, including the execution and registration of a Site Plan Agreement that will secure, amongst other matters, the implementation of any wind measures required, at the Owner’s sole cost, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (September 26, 2023) 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 (September 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.