Item - 2022.CC39.10

City Council on February 2 and 3, 2022, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor, at the discretion of the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1.  City Council accept the with prejudice settlement offer dated December 13, 2021 in Public Appendix A to the report (January 26, 2022) from the City Solicitor and the revised plans substantially in accordance with Public Appendix B to the report (January 26, 2022) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Settlement Proposal"), for the lands municipally known as 3194-3206 Dundas Street West (the "Site"), subject to Parts 2 to 5 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 revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendices A and B to the report (January 26, 2022) from the City Solicitor.

3.  In the alternative, if accepted by the Applicant and adopted by the Ontario Land Tribunal, City Council accept the with prejudice settlement offer dated January 22, 2022 in Public Appendix C to the report (January 26, 2022) from the City Solicitor and the revised plans substantially in accordance with Public Appendix D to the report (January 26, 2022) from the City Solicitor as may be acceptable and satisfactory to the Chief Planner and Executive Director, City Planning (the "Resident Proposal"), for Site and, if adopted by the Applicant or Ontario Land Tribunal, to support a revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendices C and D to the report (January 26, 2022) from the City Solicitor.

4.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment(s) are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

5.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.