Item - 2021.CC36.2

City Council on October 1 and 4, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 17, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 17, 2021) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 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 17, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in support of a revised settlement of the appeal related to 187 King Street East and 65 George Street on terms set out in a letter dated August 18, 2021 from WND Associates attached as Public Appendix A to the report (September 17, 2021) from the City Solicitor, and substantially in the form of Architectural Drawings dated August 9, 2021 and prepared by Core Architects Inc. attached as Public Appendix B to the report (September 17, 2021) from the City Solicitor .

2.  City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its Order in connection with the Zoning By-law Amendment until such time as:

a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has provided a satisfactory Functional Servicing Report and resolved any remaining engineering issues to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

c.  in the event it is determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, the Applicant has entered into an agreement or has otherwise secured the design, construction, and provided financial securities for such upgrades to the existing municipal infrastructure to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d. the owner has entered into an agreement under Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planning and Executive Director to secure the matters set out in City Council's approval of Item PB26.7 with respect to alterations to 187 King Street East and demolition and reconstruction of 65 George Street;

e. the owner has satisfied any and all conditions imposed by City Council in its consideration of Item PB26.7 with respect to alterations to 187 King Street. East and demolition and reconstruction of 65 George Street;

f.  the owner has withdrawn its appeal of the St. Lawrence Heritage Conservation District;

g. the owner has withdrawn its appeal of Official Plan Amendment 525 (King Parliament Secondary Plan Review) and associated Zoning By-laws (391-2021, 392-2021, 393-2021, 394-2021, 395-2021); and

h. the owner has made arrangements that are acceptable to the City Solicitor for the withdrawal or resolution of its site-specific appeals to Official Plan Amendment 352 (Downtown Tower Separation) and the associated Zoning By-laws (1106-2016 and 1107-2016).

3. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the Zoning By-law and any other related planning instruments, the terms of any implementing agreements, and to request that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approve the development in accordance with City Council's decision.

The balance of Confidential Attachment 1 to the report (September 17, 2021) 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 (September 17, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.