Item - 2023.CC3.5

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 and of Confidential Appendix A 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 and information 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 settlement offer attached as Confidential Appendix A to the report (January 26, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the settlement, conditional on the matters being addressed as set out in Part 2 below.

2.  City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its order with respect to the official plan and rezoning appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b.  the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memo dated September 30, 2022, or as may be updated, in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  in the event that the updated Functional Servicing Report, identifies any required improvements to municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational any upgrades or required improvements, prior to the issuance of any above grade building permit, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  City Council has approved the Rental Housing Demolition Application (21 111463 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 one (1) existing rental dwelling unit on the site.

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

Confidential Appendix A to the report (January 26, 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 (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.