100 Davenport Road - Ontario Land Tribunal Hearing - Request for Directions

The confidential instructions to staff in Confidential Attachment 1 to the report (May 30, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice offer to settle, dated May 29, 2023, and the revised architectural plans, prepared by Scott Shields Architects Inc. dated April 12, 2023, (the "Settlement Offer"), attached as Public Attachment 1 to the report (May 30, 2023) from the City Solicitor. 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 described in the Settlement Offer. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised the Ontario Land Tribunal that: a. the final form and content of Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the Owner has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the Owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. 4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (May 30, 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 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.