Item - 2024.CC14.4

City Council on February 6 and 7, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in the Confidential Attachment 1 to the report (January 23, 2024) 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 (January 23, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 23, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 23, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A to the report (January 23, 2024) from the City Solicitor and support a revised proposal that is substantially in accordance with Confidential Appendix B (the "Settlement Offer") to the report (January 23, 2024) from the City Solicitor 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 133 and 141 Erskine Avenue.

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

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

b. a Limiting Distance Agreement has been entered between the landowners of 133 Erskine Avenue, 141 Erskine Avenue and the City, to be registered on title to the applicable properties, that would prevent the erection of a building above existing height permissions on the 141 Erskine Avenue property to the extent of the separation (or such lesser extent as determined by the Interim Chief Planner and Executive Director, City Planning) between the existing building on 141 Erskine Avenue and the proposed development on 133 Erskine Avenue to the satisfaction of the Interim Chief Planner and Executive Director, City Planning and the City Solicitor;

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

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("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 that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or that any required changes have been made to the proposed amending By-laws to the satisfaction of the Interim Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted a revised Transportation Impact Study, including Transportation Demand Management Plan to the satisfaction of the Interim Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required;

v.  submitted an updated Heritage Impact Assessment to the satisfaction of the Senior Manager, Heritage Planning, City Planning;

vi. submitted an updated Landscape Plan demonstrating sufficient soil volume for tree growth satisfactory to the Director, Urban Forestry, Parks Forestry and Recreation and the Interim Chief Planner and Executive Director, City Planning;

vii. submitted an updated Pedestrian Level Wind Study, and secured any required mitigation measures in the Zoning By-law Amendment (where appropriate), to the satisfaction of the Interim Chief Planner and Executive Director, City Planning; and

viii. submitted a Sun/Shadow Study updated Pedestrian Level Wind Study, and secured any required mitigation measures in the Zoning By-law Amendment (where appropriate), to the satisfaction of the Interim Chief Planner and Executive Director, City Planning;

d. City Council has approved the Rental Housing Demolition application (Application 21 251207 NNY 15 OZ) 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 existing rental units on the site, 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 Interim Chief Planner and Executive Director, City Planning and the City Solicitor, securing the following:

i. the replacement of the existing residential rental units on the lands;

ii. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units;

iii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Interim Chief Planner and Executive Director, City Planning; and

iv.  any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code.

4. 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 (January 23, 2024) 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 (January 23, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 23, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.