Item - 2023.CC13.22

 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 (December 2, 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 and Confidential Appendix A to the report (December 2, 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 of Confidential Attachment 1 to the report (December 2, 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 (December 2, 2023) from the City Solicitor were adopted by City Council, as amended by Motion 1 by Councillor Lily Cheng, and are now public as follows:

1. City Council accept the Settlement Offer as set out in Confidential Appendix A to the report (December 2, 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 final Order on the Zoning By-law Amendment appeal until such time as the Tribunal has been advised by the City Solicitor that:

a. the draft Official Plan and Zoning By-law Amendments implementing the Settlement Offer are finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has addressed the matters identified in the Engineering and Construction Services Memorandum dated November 23, 2023, and any outstanding issues arising from the ongoing technical review (including the provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendments application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. in the event the updated servicing reports referred to in Part 2.b. above identify necessary upgrades or modifications to municipal infrastructure including the provision of servicing or functional items above, the owner shall enter into financially secured agreement(s) for the construction of any such improvements all to be completed at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. a Holding provision has been included in the implementing zoning by-law to ensure the necessary municipal infrastructure is in place before any development can proceed for the site;

e. the owner has submitted a revised Travel Demand Management Plan, parking study, and vehicle maneuvering diagrams acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required;

f. the owner has submitted updated complete Toronto Green Standards Checklists and Statistics Templates to the satisfaction of satisfaction of the Chief Planner and Executive Director, City Planning;

g. the applicant has submitted a plan of subdivision application, or has otherwise made appropriate arrangements to the satisfaction of the City Solicitor, to secure the public street and required public conveyances to City standards;

h. the owner has submitted a revised Heritage Impact Assessment that includes a conservation strategy to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

i. the owner has entered into a Heritage Easement Agreement with the City for the property at 172 Finch Avenue West, substantially in accordance with the accepted Heritage Impact Assessment that includes a conservation strategy to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

j. the owner has submitted an application and gained approval in writing under Section 33 of the Ontario Heritage Act for the proposed alterations to the heritage property at 172 Finch Avenue West; and

k. the owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws.

2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

3. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to work with the applicant to explore the feasibility of providing an in-kind community benefit at the historical heritage building on the site, pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

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

Confidential Appendix A to the report (December 2, 2023) from the City Solicitor and Confidential Attachment 1 to Motion 1 by Councillor Lily Cheng are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (December 2, 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 (December 2, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.