Item - 2023.CC2.8

City Council on December 14 and 15, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor.

2. City Council authorize the public release of confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (December 1, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer dated November 29, 2022 and City Council direct the City Solicitor and staff to attend the Ontario Land Tribunal in support of the revised proposed development.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law amendment until such time that:

a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City;

b. the owner submits, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, a revised Functional Servicing Report and Stormwater Management Report;

c. the owner provides confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. a limiting distance agreement has been registered on title to the property known municipally as 263 Wellington Street West to the satisfaction of the City Solicitor.

Confidential Attachments 2 and 3 to the report (December 1, 2022) 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 (December 1, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.