Item - 2022.CC47.32

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the report (July 11, 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 (July 11, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

July 27, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 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:

1. City Council accept the settlement offer attached as Confidential Appendix A (the "Settlement Offer") to the report (July 11, 2022) from the City Solicitor and substantially in accordance with Confidential Appendix B and Confidential Appendix C to the report (July 11, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 2200 to 2206 Eglinton Avenue East, 1020 to 1030 Birchmount Road and 75 Thermos Road (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 13 below.

2. City Council endorse the draft Phasing Plan in Confidential Appendix D to the report (July 11, 2022) from the City Solicitor and City Council require that:

a. the final form of a Phasing Plan on the Development Site be provided to the City in a form and content acceptable to the Chief Planner and Executive Director, City Planning; and

b. the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Children's Services and the Executive Director, Corporate Real Estate Management are authorized to ensure that such phasing matters are secured in appropriate agreement(s), the Zoning By-law Amendment and/or Draft Plan of Subdivision all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

Parkland Dedication

3. Prior to the issuance of the first above grade building permit on Blocks 4, 5 and 7, City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 2,600 square metres, generally as shown on Confidential Appendix C to the report (July 11, 2022) from the City Solicitor as Block 3, satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments.
 

4. Prior to the issuance of the any Building Permit on Blocks 5, City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 3,200 square metres, generally as shown on Confidential Appendix C to the report (July 11, 2022) from the City Solicitor as Block 6, satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments.

5. City Council direct that any remaining requirement pursuant to Section 42 of the Planning Act be a payment in lieu in accordance with Section 42 of the Planning Act and Chapter 415, Article III of the Municipal Code to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

Community Benefits

7. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor:

a. prior to the issuance of the first above grade building permit on the lands, a cash contribution of $200,000 to be allocated towards public realm and parks improvements at the Meadoway Entry Garden at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, whereby:

b. the cash contributions in Part 7.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the approval of the Zoning By-law Amendment to the date of payment;

c. in the event the cash contribution in Part 7.a. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community;

d. the provision of a non-profit licensed child care centre to be located on Block 2 or 4 comprising a minimum 10,000 square feet (approximately 929 square metres) of indoor space and 3,000 square feet (approximately 279 square metres), adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and drop-off area, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children's Services, and such child care centre shall generally be in accordance with the following:

i. shall be constructed, finished, furnished and equipped by the owner, including a minimum of four (4) parking spaces reserved for the exclusive use of the child care centre between the hours of 6:30 a.m. and 7:00 p.m. from Monday to Friday and an area reserved for the exclusive use of the child care centre for pick-up/drop-off operations between the hours of 6:30 a.m. and 10:00 a.m. and the hours of 3:00 p.m. to 6:30 p.m. from Monday to Friday; these spaces to be assigned accordingly and be located in close proximity to the elevators providing the shortest route between the underground parking garage and the child care centre, which shall be barrier-free; and a parking pass will be provided for officials conducting inspections of the child care centre;

ii. prior to the issuance of any above grade building permit on for the block on which the Child Care Centre is located, a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the child care centre, complying with the specifications and requirements of the Section 37 Agreement, shall be provided to the City of Toronto to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer;

iii. prior to the earlier of residential occupancy of the building in which the child care centre is located and/or registration of any condominium for the building in which the child care centre is located and prior to the issuance of any above grade building permit for Block 5 and Block 7, the child care centre shall be conveyed to the City of Toronto, at no cost to the City of Toronto, in fee simple, in an acceptable environmental condition to the satisfaction of the Executive Director, Corporate Real Estate Management and the City Solicitor;
 

iv. the details of the other matters as described in the Parts above, such as timing, location, obligations and any such matters to implement the child care centre, in respect of the non-profit licensed child care centre community benefit, will be finalized between the owner and the City of Toronto and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines and to the satisfaction of the Executive Director, Corporate Real Estate Management, the General Manager, Children's Services and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; and

v. on, or prior to, the conveyance of the child care centre, the City of Toronto and the owner shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City of Toronto, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City of Toronto and the owner as they pertain to the child care centre and the development to be constructed within the base building of the development;

e. prior to the conveyance of the child care centre, the owner shall pay to the City of Toronto the sum of $400,000 to provide one-time cash contributions in support of the child care centre, allocated generally as follows:

i. a one-time cash contribution in the amount of $200,000 to the City of Toronto's Child Care Capital Reserve Fund to be used towards start-up operating costs, to replace appliances and large equipment due to wear and tear and to support ongoing financial viability, to be paid prior to the child care centre being made available to the City of Toronto;

ii. a one-time cash contribution in the amount of $200,000 towards toys, furnishings and equipment in accordance with Provincial and Municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager, Children's Services which will be finalized and approved by the General Manager, Children's Services; and

iii. the cash contributions in Parts 7.e.i. and 7.e.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the approval of the Zoning By-law Amendment to the date of payment;
 

f. the Owner shall design, construct, finish, and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 12,112 square feet (1,125 square metres) of Community Agency Space as measured from interior side walls, in a location satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Social Development, Finance and Administration, and subject to the following:

i. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

ii. prior to the issuance of the first above grade building permit for Block 5, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; and

iii. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and

g. the provision of 130 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided as follows, with the option to provide more affordable rental housing units in earlier phases of the development:

i. thirty-nine (39) affordable rental housing units to be provided in Block 2;

ii. forty-one (41) affordable rental housing units to be provided in Block 4A;

iii. nineteen (19) affordable rental housing units to be provided in Block 4B;
 

iv. thirty-one (31) affordable rental housing units to be provided in Block 7;

iv. the unit types and sizes shall be determined in each site plan application, and shall reflect the unit mix and average size of market units within each building, with the overall unit mix of the affordable housing units on the Development Site as generally identified in Confidential Appendix C to the report (July 11, 2022) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

v. with the timing as generally identified in Confidential Appendix D to the report (July 11, 2022) from the City Solicitor with such terms and conditions acceptable to the Chief Planner and Executive Director, City Planning and the City Solicitor.

Matters Required to Support the Development

8. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Subdivision Approval for the Subdivision Agreement, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience:

a. the owner shall prepare, at its expense, a Public Art plan (the “Public Art Plan”) for the provision of Public Art, up to a maximum value of $1,000,000.00, upwards indexed from the approval of the Zoning By-law Amendment, upon the Site or adjacent City-owned land and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site;

b. prior to the issuance of the first above grade building permit for any residential development on each Block where public art is planned, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 8.a. above;

c. the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment in addition to the following identified matters:
 

i. prior to the issuance of an above grade building permit for the first building on each Block, the owner shall pay to the City, by certified cheque, the following amounts, for an aggregate total of sum of Five Hundred Thousand Dollars ($500,000.00) in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the approval of the Zoning By-law Amendment to the date of payment, for the future implementation of a minimum of ten (10) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services as set out in Paragraph 5(ii)(A) of Confidential Appendix A to the Report (July 11, 2022) from the City Solicitor;

ii. prior to the issuance of any above grade building permit on each Block where bike repair station(s) are planned for and identified in the Site Plan Application satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, the owner shall provide a letter of credit for $1,500 for each bike repair station per building to a minimum of eight (8) bike repair stations for all blocks on the Development Site, and thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

iii. prior to the issuance of any above grade building permit on each block, the owner shall provide a letter of credit for $5,000.00 for the provision of each real-time transportation information screen for each building to a minimum of five (5) transportation information screen where planned and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned;

iv. a financial contribution of a of $200,000 for the future Victoria Park Avenue or Warden Avenue Transit Study, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the approval of the Zoning By-law Amendment to the date of payment;

v. prior to the issuance of the first above grade building permit on the lands, the owner shall provide a financial contribution to the City in the amount of $40,000 for a future Golden Mile Transportation Monitoring Study;

vi. the owner shall provide a PRESTO pass to each of the 130 affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

vii. the owner shall provide a minimum of 500 bike share annual memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, of which, there shall be bike share memberships provided to each of the 130 affordable housing units;

viii. the Owner shall provide for the costs of TDM Marketing Initiatives for each phase (approximately $1000 for each information session); and

viv. the Owner shall provide for 13 car share spaces;

d. the owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning;

e. the following privately owned publicly accessible open spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block where the privately owned publicly accessible open spaces is located, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City:

i. Block 2 – Southeast Corner privately owned publicly accessible open space with a minimum size of 444 square metres;

ii. Block 4 – Southwest Corner along Eglinton Avenue and Thermos Road privately owned publicly accessible open space with a minimum size of 303 square metres with a minimum depth of 7.5 square metres;

iii. Block 5 – Street C privately owned publicly accessible open space with a minimum size of 208 square metres; and

iv. Block 7 – northeast corner along Birchmount and Ashtonbee Road privately owned publicly accessible open space with a minimum size of 234 square metres;

f. the provision of public pedestrian access easements to provide access to and through various development block mid-block connections to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the pedestrian easement to be determined in the context of a Site Plan Approval; the owner shall own, operate, maintain and repair the public pedestrian easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public pedestrian easement at certain times of the day and night, and the owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

g. prior to the issuance of Site Plan Approval for any part of the Development Site, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site;

i. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

j. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements;

k. the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies, the Toronto District School Board, the Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor;

l. as part of the first site plan application and prior to any site plan approval on any part of the site, the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry, Parks, Forestry and Recreation;

m. as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry, Parks, Forestry and Recreation;

n. the final phasing of the Development Site building upon the phasing plan triggers outlined in Confidential Appendix D to the report (July 11, 2022) from the City Solicitor, in a form and content acceptable to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Executive Director, Social Development and Finance Administration, the Executive Director, Corporate Real Estate Management and the City Solicitor, and such matters are secured in appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning; and

o. the Owner shall provide a commemoration plan and heritage plaque for the former Lucas-Rotax Aircraft Equipment Co. factory at the property known municipally as 75 Thermos Road, to be secured as part of a site plan approval application.

Conditions to Ontario Land Tribunal Order

9. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer; and

b. the Owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed SASP into Section 14 of the Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan.

10. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. 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. has secured the design and the 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; and

iii. a Section 37 Agreement has been entered into satisfactory to the Chief Planner and Executive Director, City Planning and has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 7 above and securing the matters required to support the development outlined in Part 8 above.
 

11. Provided that the matters listed in Part 10.b. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor:

a. to ensure that the matters listed in Part 10.b. above are otherwise secured to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.

12. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022.

13. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendix A, Confidential Appendix B, Confidential Appendix C and Confidential Appendix D to the report (July 11, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 11, 2022) 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 and information that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.