Item - 2023.CC11.15

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 28, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (September 28, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 28, 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 28, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A to the report (September 28, 2023) from the City Solicitor and support a revised proposal that is substantially in accordance with Confidential Appendix B to the report (September 28, 2023) from the City Solicitor (the "Settlement Offer"), subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 3351-3359 Ellesmere Road.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal having been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b. the Owner has provided confirmation of water, sanitary and stormwater capacity, if required, 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.

4. City Council request the Chief Planner and Executive Director City Planner to secure through Site Plan Control, the Owner's obligation to:

a. appropriately address comments from Urban Forestry respecting the tree preservation and soil volume requirements for the Site.

5. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (September 28, 2023) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (September 28, 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 28, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.