438-440 Avenue Road and 169-173 Balmoral Avenue - Ontario Land Tribunal Hearing - Request for Direction Report

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 24, 2024) 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 (September 24, 2024) 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 September 17, 2024, and attached as Confidential Appendix A to the report (September 24, 2024) from the City Solicitor and the revised architectural plans, dated June 2024, prepared by Arcadis, and attached as Confidential Appendix B to the report (September 24, 2024) from the City Solicitor (collectively, the "Settlement Offer"). 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 Official Plan and Zoning By-law Amendments are satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; c. the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report, 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; and d. the Owner has revised its wind study for the proposed development in accordance with the City's terms of reference for wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (September 24, 2024) 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 (September 24, 2024) from the City Solicitor remain 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 (September 24, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.