Item - 2023.CC7.15

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 Appendices A and B 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 Attachment 1, Confidential Appendix A and Confidential Appendix B 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.

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

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

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

c. the Owner of the lands has financially and legally secured any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined by the report that improvements to such infrastructure are required to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner of the lands has submitted revised drawings which confirm the development complies with the Toronto Green Standards, Version 3, Tier 1, Ecology Section, EC 1.1, to the satisfaction of Urban Forestry;

e. the Owner has delivered an Environmental Noise and Vibration Assessment for the lands to the satisfaction of the Chief Planner and Executive Director, City Planning; and

f. the Owner has delivered an interim parking plan and executed agreements with parking facility operators that secure off-site parking for the duration of construction, satisfactory to the General Manager, Transportation Services.

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

Confidential Appendices A and B to the report (May 31, 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 (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.