Item - 2023.CC3.14

City Council on February 7 and 8, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the With Prejudice Settlement Offer dated January 16, 2023 for the lands municipally known as 5-15 Raglan Avenue in Appendix 1 to the report (January 24, 2023) from the City Solicitor, and as generally shown on the Revised Plans by Richmond Architects Ltd., dated December 23, 2022, inclusive, in Appendix 2 to the report (January 24, 2023) from the City Solicitor, subject to Parts 2, 3, 4 and 5 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 With Prejudice Settlement Offer dated January 16, 2023 for the lands municipally known as 5-15 Raglan Avenue in Appendix 1 to the report (January 24, 2023) from the City Solicitor, and as generally shown on the Revised Plans by Richmond Architects Ltd., dated December 23, 2022, inclusive, in Appendix 2 to the report (January 24, 2023) from the City Solicitor.

3.  City Council defer making a decision at this time on Rental Housing Demolition Application 21 234166 STE 12 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the three (3) existing rental dwelling units at 5-15 Raglan Avenue, and instruct staff to report on the Rental Housing Demolition application to the Toronto and East York Community Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for the lands at 5-15 Raglan Avenue.

4.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the lands until such time as the outstanding matters have been completed:

a. the final form and content of the Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the Applicant has provided confirmation of water, sanitary and stormwater capacity 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;

c. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review including the planting of four (4) new street trees in the Raglan Avenue road allowance, or three (3) street trees in the Raglan Avenue road allowance and two (2) additional private trees on the Site, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the Applicant has provided an updated Pedestrian Level Wind Study dated January 11, 2023 from Gradient Wind Engineering Inc., to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. City Council has approved the Rental Housing Demolition Application 21 234166 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the three (3) existing rental dwelling units on the site.

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

The balance of Confidential Attachment 1 to the report (January 24, 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 24, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.