Item - 2023.CC7.12

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, Confidential Attachment 2, 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 2 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, subject to the appellant withdrawing the conditions attached to the parkland conveyance described in Part 2.c. below in Confidential Appendix B to Confidential Attachment 2 to the report (May 31, 2023) from the City Solicitor.

2. 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 Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. that in accordance with Section 42 of the Planning Act prior to the first above grade building permit, the Owner convey to the City, an on-site parkland dedication, having a size of 150 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

c. that the on-site parkland dedication be subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition;

d. the Owner has submitted a revised Pedestrian Wind Study, including the identification of any required mitigation measures to be secured in the Zoning By-­law Amendment and through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the Owner has addressed all outstanding issues raised by Urban Forestry as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

f. the Owner has resolved matters related to roadway widenings and conveyances, as well as matters related to functional servicing and stormwater management, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

Confidential Attachment 2 and 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.