Item - 2024.CC18.7

City Council on May 22 and 23, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 2024) 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 7, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 7, 2024) 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 7, 2024) 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 6, 2024, set out in Confidential Appendix A (the "Settlement Offer") to the report (May 7, 2024) from the City Solicitor, and support a revised proposal that is substantially in accordance with the Revised Plans attached as Schedule A to the Settlement Offer, subject to the recommendations below.

2. City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Settlement Offer.

3. 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 Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. City Council, or the Chief Planner and Executive Director, City Planning, where authorized to do so, has approved a Rental Housing Demolition application 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 one existing rental dwelling unit at 70 Montgomery Avenue and the owner has provided an undertaking to the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing an acceptable Tenant Relocation and Assistance Plan addressing financial compensation and other assistance to lessen hardship;

c. the owner has entered into one or more agreements, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, to ensure the provision of the affordable housing in accordance with the terms of Settlement Offer;

d. the owner has submitted updated sun/shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the site plan process to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the 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 through the implementing Zoning By-law Amendment and, or Site Plan approval;

f. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated March 10, 2023, any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including provision of acceptable reports and studies including a revised Transportation Impact Study, including all requested revisions to the satisfaction of the General Manager, Transportation Services), as they relate to the Official Plan Amendment and Zoning By-law Amendment applications to the satisfaction of the General Manager, Transportation Services;

g. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated March 10, 2023, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

h. the owner has satisfactorily addressed matters from Parks, Forestry and Recreation as contained in the Parks, Forestry and Recreation Memorandum dated January 4, 2023, or any outstanding issues raised by Parks, Forestry and Recreation arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated October 18, 2022, or any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

j. the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, prior to approval of the rezoning application, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

k. the owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and
 

l. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Toronto Municipal Code Chapter 681, Sewers, Section 681-10.

4. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, with the appraisal of the cash-in-lieu to be determined under the direction of the Executive Director, Corporate Real Estate Management and the payment to be made prior to the issuance of the first above-ground building permit for the development.

5. 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 additional affordable housing as an in-kind community benefit pursuant to Section 37(6) of the Planning Act in the development and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

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

Confidential Appendix A to the report (May 7, 2024) 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 7, 2024) 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 7, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.