Item - 2023.CC11.14

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 29, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 29, 2023) from the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff attached to Motion 1 by Councillor Lily Cheng.

4. City Council direct that the balance of Confidential Attachment 1 to the report (September 29, 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 29, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle dated August 16, 2023, set out in Public Appendix A to the report (September 29, 2023) from the City Solicitor, 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 until the City Solicitor has advised that:

a. the proposed zoning by-law and Official Plan Amendment are in form and content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the Owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters contained in the Engineering and Construction Services Memorandum dated July 6, 2023, as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has submitted a satisfactory Transportation Impact Study, including a Transportation Demand Management Strategy, acceptable to, and to the satisfaction of the General Manager, Transportation Services;

d. the Owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing Report to determine whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and make satisfactory arrangements with Engineering and Constructions Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support this development, according to the accepted Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the zoning by-law amendment and official plan amendment until the Owner withdraws its appeal of the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-002998.

4. City Council request staff to hold a community information session for the application located at 33, 37, 39, 41 and 43 Centre Avenue together with the Applicant and the Ward Councillor prior to the scheduled Case Management Conference at the Ontario Land Tribunal on October 25, 2023.

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

Confidential Attachment 1 to Motion by Councillor Lily Cheng is now public and can be accessed under Background Information (City Council). 

The balance of Confidential Attachment 1 to the report (September 29, 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 29, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.