Item - 2023.CC8.14

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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, B and C to the report (July 4, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 4, 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 (July 4, 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 as described in Confidential Appendix A to the report (July 4, 2023) from the City Solicitor and substantially in accordance with Confidential Appendix B and Confidential Appendix C to the report (July 4, 2023) from the City Solicitor (the "Settlement Offer") and subject to the Parts below.

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 Settlement Offer for the lands municipally known as 3291 Kingston Road, 2 and 4 Windy Ridge.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendment to re-designate part of the lands from Neighbourhoods to Mixed Use Areas on the appropriate Land Use Plans of the Official Plan is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the proposed Zoning By-law Amendment is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, including but not limited to the following:

i. a minimum of 15 percent of the total number of units as 2-bedroom units; and

ii. a minimum of 10 percent of the total number of units as 3-bedroom units;

c. City Council has approved Rental Housing Demolition application 20 209873 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 eight (8) existing rental dwelling units on the lands and the Owner has entered into, and registered on title to the lands, one or more agreements, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure, among other matters, the following:

i. the provision of eight (8) replacement rental dwelling units consisting of four (4) three-bedroom units, three (3) two-bedroom units, and one (1) one-bedroom unit collectively comprising at least 658 square metres of gross floor area, as generally illustrated in the replacement rental floor plans prepared by RAW Design and dated June 22, 2023, with any revisions to these plans being to the satisfaction of the Chief Planner and Executive Planner, City Planning Division;

ii. the rents of the eight (8) 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 ten (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 eight (8) 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, 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 Division.

d. the Owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required;

iv. submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required; and

v. submitted a revised Arborist Report or addendum, Landscape Plan (with a public utility plan underlay in an updated soil volume plan) and Tree Protection Plan acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation.

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

Confidential Appendices A, B, and C to the report (July 4, 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 (July 4, 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 (July 4, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.