Item - 2023.CC2.6

City Council on December 14 and 15, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 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 (November 29, 2022).

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the With Prejudice Settlement Offer dated October 18, 2022 for the lands municipally known as 2-24 Temple Avenue in Appendix 1 to the report (November 29, 2022) from the City Solicitor and as generally shown on the Revised Plans dated October 12, 2022 in Appendix 2 to the report (November 29, 2022) from the City Solicitor, subject to Parts 2 to 6 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 With Prejudice Settlement Offer dated October 18, 2022 for the lands municipally known as 2-24 Temple Avenue in Appendix 1 to the report (November 29, 2022) from the City Solicitor and as generally shown on the Revised Plans dated October 12, 2022 in Appendix 2 to the report (November 29, 2022) from the City Solicitor.

3. Prior to the issuance of the Notice of Approval Conditions for site plan approval for the proposed development, City Council require that:

a. the owner shall submit to the City a Construction Mitigation Strategy and Tenant Communication Plan to mitigate the impacts of construction of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. the owner shall provide confirmation that outstanding issues listed in the Engineering and Construction Services memo to City Planning dated June 7, 2021 have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal has 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. City Council has approved the Rental Housing Demolition application for 2-24 Temple Avenue, under Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units at 2-24 Temple Avenue, and, should City Council authorize the application, that the owner has entered into a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006, and registered said Agreement on title to the, satisfaction of the City Solicitor;

c. the owner has 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;

d. the owner has secured the design and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports in order 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;

e. the owner has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy, all to the satisfaction of the General Manger, Transportation Services; and

f. the owner has submitted a revised exploratory root excavation report, to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry.

5. City Council authorize the City Solicitor and all other appropriate City staff to take such actions that are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.

6. City Council authorize the City Solicitor to retain external planning consultants, as necessary, if City Council does not accept the With Prejudice Settlement Offer.

The balance of Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.