Item - 2023.CC7.13

City Council on June 14 and 15, 2023, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (May 31, 2023) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 31, 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 (May 31, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated May 30, 2023 set out in Confidential Appendix A to the report (May 31, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement and revised plans.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

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

b. the Owner has addressed all outstanding issues raised by Urban Forestry as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

c. the Owner has resolved matters related to roadway widenings and conveyances, as well as matters related to functional servicing and stormwater management, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. the Owner has submitted a revised shadow study and Pedestrian Wind Study, including the identification of any required wind mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit and the City Solicitor be authorized to support further modifications to the Settlement Offer Plans at the Ontario Land Tribunal to incorporate the in-kind community benefit on-site, provided they are to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with any other affected Division.

4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (May 31, 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 (May 31, 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 (May 31, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.