Item - 2023.CC5.34

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Mike Colle.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (March 15, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 15, 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 (March 15, 2023) from the City Solicitor, as amended by Motion by Councillor Mike Colle, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendices A and B to the report (March 15, 2023) from the City Solicitor (collectively, the "Settlement Offer"), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Settlement Offer, subject to the Parts below.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. City Council has approved Rental Housing Demolition Application 21 180738 NNY 08 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the rental units on-site and secure tenant relocation and assistance, and rental replacement, if required, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing rental housing related-matters;

c. 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 and the final form of Zoning By-law amendment contains same;

d. the Applicant has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required; and

e. the Applicant has provided an updated pedestrian level wind study based on wind tunnel analysis and a Toronto Green Standard template and statistics, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council accept an onsite parkland dedication by the Owner in satisfaction of the owner's parkland contribution required pursuant to the Planning Act, with such onsite parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the location of the onsite parkland contribution shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation and the subject parkland conveyance shall be in base park condition (unless otherwise agreed to by the General Manager, Parks, Forestry and Recreation), in an acceptable environmental condition, and is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, except for those encumbrances permitted by the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

4. Should the Owner elect to complete Above Base Park Improvements, 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 and 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 and Recreation, and the Parks and Recreation component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

5. City Council direct the Director, Community Planning, North York District to discuss with the Owner the potential provision of affordable housing on the lands as an in-kind contribution in accordance with the City's Community Benefits Charge By-law.

6. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (March 15, 2023) 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 (March 15, 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 (March 15, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.