Item - 2023.CC2.7

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 (December 1, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (December 1, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor remains confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

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

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (December 1, 2022) from the City Solicitor (the “Settlement Offer”) and support the development proposal substantially in accordance with the revised architectural plans and drawings prepared by BDP Quadrangle Architects Limited and Partisans Architects dated November 15, 2022 as set out in Confidential Appendix B to the report (December 1, 2022) from the City Solicitor (the "Revised Plans"), 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 and support the Settlement Offer and Revised Plans.

3. City Council direct that, in the event discussions with the adjacent neighbour for shared loading and access are successful, City Staff be authorized to support further modifications to the Revised Plans at the Ontario Land Tribunal, in particular to the ground floor plan and parking and loading area to incorporate shared loading and access, provided they are to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with 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 its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor:

b. the owner has provided 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;

c. the owner has designed and provided 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

d. the owner has addressed all outstanding issues raised by the Toronto Transit Commission as they relate to the Zoning By-law Amendment application, including necessary setbacks from Toronto Transit Commission infrastructure, to the satisfaction of the Toronto Transit Commission.

5. City Council direct the following matters be addressed and secured through the site plan approval process for the development:

a. the owner will provide knock-out panel(s) for a connection from the underground portion of the development to the King Toronto Transit Commission subway station and/or the PATH underground pedestrian walkway network, with the location of the future connection to be determined and secured prior to final site plan approval; and

b. the owner will submit a revised pedestrian level wind study, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide any required wind mitigation measures.

6. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

Confidential Appendices A and B to the report (December 1, 2022) 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 (December 1, 2022) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.