Item - 2024.CC24.9

City Council on December 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, and Confidential Appendix A to the report (December 4, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 4, 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 (December 4, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated December 3, 2024, set out in Confidential Appendix A to the report (December 4, 2024) from the City Solicitor, and 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 Official Plan and Zoning By-law Amendments 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 Official Plan and Zoning By-law Amendments are satisfactory to the Executive Director, Development Review and the City Solicitor, that includes 3 required visitor parking spaces as part of the 18 parking spaces being provided; 

b. the Owner has submitted revised technical reports and plans including a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Hydrogeological Report, and a revised Transportation Impact Study, all to the satisfaction of the Executive Director, Development Review;

c. depending on the outcome of the technical reports, the Owner has made satisfactory arrangements with Engineering and Construction Services for the 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 Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and Traffic Impact Study accepted by the General Manager, Transportation Services; and

d. the conveyance to the Owner of a 1.32 metre-wide strip of the public laneway that abuts the Site to the east as illustrated on the Reference Plan prepared by Guido Papa Surveying, completed in October 2024, as Parts 1, 2 and 3 (the "Lane Segment"), has occurred.

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

Confidential Appendix A to the report (December 4, 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 (December 4, 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 (December 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.