Item - 2023.CC3.15

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 26, 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 26, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 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 (January 26, 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 as described in Public Attachment 1 (the "Settlement Offer") to the report (January 26, 2023) from the City Solicitor and subject to the Parts below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal case management conference on this matter in support of the Settlement Offer for 10 Ruddington Drive (the "Site").

3.  City Council accept, should the Ontario Land Tribunal approve the proposed Zoning by-law Amendment, an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 741.2 square metres, in the general location identified on the Site Plan in Public Attachment 1 to the Report from the City Solicitor, satisfying the Owner's Parkland dedication requirement under Section 42 of the Planning Act, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4.  In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has 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;

b.  the owner has submitted a revised Functional Servicing Report, including a Stormwater Management Report, Hydrogeological Report, and Geotechnical Plan, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the owner has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Geotechnical Plan, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has submitted a revised Transportation Impact Study and Transportation Demand Management Study to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director,

City Planning;

e.  the owner has submitted a Computational Fluid Dynamics Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any mitigation measures, if required, to be secured and satisfied through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  the owner has submitted a revised Electromagnetic Field Study and Electromagnetic Field Management Plan in accordance with the letter from Toronto Public Health dated November 29, 2022, to the satisfaction of the Chief Medical Officer, with any mitigation measures, if required, to be satisfied through the site plan approval process;

g.  the owner has submitted a revised Arborist's Report, Tree Preservation Plan and Soil Volume Plan to the satisfaction of the General Manager, Parks, Recreation and Forestry;

h.  the owner has registered or authorized the City to register a Section 118 Restriction on title to the Parkland and the townhouse block, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor, with the conveyance of the parkland to be secured through the site plan process to take place prior to the issuance of the first above-grade building permit for the townhouse block, and subject to the Owner retaining a right to occupy the parkland for staging during construction of the townhouses, with the final build-out of the parkland to base park standards to be completed prior to the earlier of: (i) three (3) years after the conveyance of the parkland, and (ii) condo registration; and

i.  the owner has conducted a Tenant Rental Improvement Survey in collaboration with City Housing Staff, indicating which improvements will happen to the existing building on the Site and on what timeline, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5.  City Council authorize and direct the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (January 26, 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 (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.