Item - 2023.CC6.8

City Council on May 10, 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices A and B to the report (April 27, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 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 recommendations in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated April 25, 2023 in Confidential Appendix A to the report (April 27, 2023) from the City Solicitor and the revised architectural plans, dated March 15, 2023, prepared by Kohn Partnership Architects Inc., Confidential Appendix B to the report (April 27, 2023) from the City Solicitor (the "Settlement Offer").

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 revised development proposal generally described in the Settlement Offer.

3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final 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 the Rental Housing Demolition Application 21 123167 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the 68 existing rental dwelling units at 54, 58 and 62 Glen Everest Road 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 all rental housing-related matters necessary to implement City Council's decision, including:

i. the provision of sixty-eight (68) replacement rental units, which shall comprise of no less than 100 percent of the existing residential rental area with the same unit mix and same total gross floor area as the existing rental units, as generally illustrated on Appendix B  to the report (April 27, 2023) from the City Solicitor.

ii. the rents of the sixty-eight (68) replacement rental units, which shall be based on the rents of the existing rental units by their respective bedroom types at the time of application and secured for a period of at least 10 years beginning from the date of first occupancy of each replacement rental unit; and

iii. the provision of an acceptable tenant relocation and assistance plan for all Eligible Tenants of the sixty-eight (68) existing rental units proposed to be demolished, addressing the right to return to occupy one of the replacement rental units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, opportunity to rent a parking space for those Eligible Tenants currently renting same, and other assistance to mitigate hardship; the tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

c. the Owner 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;

d. the Owner 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 Owner has addressed all outstanding issues raised by Development Engineering and Transportation Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

4. City Council recommend that the Chief Planner and Executive Director, City Planning secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the Owner's obligation to:

a. construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for the development; and

b. prior to commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services.

5. 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 (April 27, 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 (April 27, 2023) from the City Solicitor remains confidential 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 (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.