Item - 2023.CC2.9

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 5, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor remain confidential, at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

December 16, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the settlement offer set out in Confidential Appendix A ("Settlement Offer") to the report (December 5, 2022) from the City Solicitor and support the development proposal substantially in accordance with the revised architectural plans and drawings prepared by architectsAlliance, dated November 25, 2022, as set out in Confidential Appendix A (the "Revised Plans") to the report (December 5, 2022) from the City Solicitor, subject to Parts 2 to 5 below.

2. City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Land Tribunal hearing in support of the Zoning By-law Amendment application for 429 to 455 Richmond Street East, 69 to 75 Ontario Street, as revised and described in Confidential Attachment 1, the Settlement Offer and the Revised Plans.

3. 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 final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to a parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

c. the owner has submitted revised Functional Servicing and Stormwater Management, Hydrogeological and Geotechnical Reports, and any other related engineering reports and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the owner’s sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. the owner has provided for the withdrawal of their appeals of Official Plan Amendments 352 and 525, and shall not seek any party or participant status on those appeals.

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

a. the owner shall 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;

b. the owner shall submit documentation and financial contributions in the form of certified cheques (overall amount to be determined) for the implementation of a Transportation Demand Management plan, to the satisfaction of the General Manager, Transportation Services, prior to Site Plan Approval; these provisions may include, but are not limited to:

i. one (1) bike-share membership per unit, offered for the first year of occupancy;

ii. one (1) one-month Presto membership per unit, offered during the first year of occupancy; and

iii. a minimum of two (2) bike repair stations provided on-site;

c. the owner shall explore whether a further widening of the sidewalk space along the Richmond Street East frontage can be achieved through potentially narrowing the vehicle lanes of the street, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Planner and Executive Director, City Planning, prior to Site Plan Approval; this would be secured through measures including the submission of an acceptable functional plan, cost estimate and financial security; and

d. the owner shall submit a shared access agreement to allow the driveway for the 53-55 Ontario site to the south to be shared with the Site.

5. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of and give effect to the settlement, including the Zoning By-law Amendment and any other related planning instruments and the City Solicitor be authorized to request that the Ontario Land Tribunal approve the development in accordance with City Council's decision.

Confidential Appendix A to the report (December 5, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (December 5, 2022) 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 (December 5, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.