Item - 2023.CC13.15

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 30, 2023) 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 (November 30, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 30, 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 (November 30, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated November 30, 2023 set out in Confidential Appendix A to the report (November 30, 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 final form and content of the Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has satisfactorily addressed matters related to Transportation Services and Engineering and Construction Services as outlined in the City's Engineering and Construction Services Memorandum, dated July 19, 2022; and provided updated technical reports and studies related to transportation matters, if required, to the satisfaction of the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Application, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

d. the Owner has provided written confirmation that the final design plans provide space within the revised proposal for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10;

e. the Owner has submitted architectural plans reflecting the revised proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the Owner has submitted a Rental Housing Demolition and Conversion Declaration of Use and Screening Form; and confirmed in writing that if there are any affected rental housing units and/or dwelling rooms with existing tenants, that the Owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;

g. if applicable, the Owner has provided written confirmation that where a  Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006;

h. the Owner has submitted an updated and completed Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. that the Zoning By-law Amendment includes the use of a holding symbol ("H") which restricts the uses of the Site to uses, buildings and structures in existence on the date of approval of the Zoning By-law Amendment until the following conditions are satisfied:

1. the Owner has submitted a revised Functional Servicing Report, which includes the determination of storm water runoff, sanitary flow and water supply demand resulting from the Proposal, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the Proposal, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

2. the Owner has made satisfactory arrangements with Engineering and Construction Services to 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 the infrastructure to support the Proposal, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

3. the Owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the Proposal, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the Proposal. In requiring any off-site municipal infrastructure upgrades, the owner is to make satisfactory arrangements with Engineering and Construction Services for Work on the City's Right-of-Way.

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

Confidential Appendix A to the report (November 30, 2023) 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 (November 30, 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 (November 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.