Item - 2023.CC5.13

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 15, 2023) 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 (March 15, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 15, 2023) from the City Solicitor remain 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 (March 15, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated January 26, 2023, set out in Confidential Appendix A to the report (March 15, 2023) from the City Solicitor, and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix B (collectively, the "Settlement Offer") to the report (March 15, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend the Ontario Land Tribunal in support of same, subject to the recommendations below.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment and that the final form of Zoning By-law Amendments includes same;

c. the Applicant has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required;

d. the Applicant has provided an updated pedestrian level wind study based on wind tunnel analysis and the Toronto Green Standard template and statistics, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the Applicant has undertaken a tenant survey and accessibility audit of the existing building at 40 Tuxedo Court, to the satisfaction of the Chief Planner and Executive Director, City Planning, to determine appropriate improvements and the City has satisfactorily secured same; and

f. the Applicant has addressed the comments from the Toronto and Region Conservation Authority.

3. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

4. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (March 15, 2023) 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 (March 15, 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 (March 15, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.