Item - 2023.CC5.16

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 supplementary report (March 28, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 28, 2023) from the City Solicitor at the discretion of the City Solicitor.

3. City Council authorize the public release of Confidential Attachment 2 to the report (March 16, 2023) from the City Solicitor, and Confidential Attachment 2 to the supplementary report (March 28, 2023) from the City Solicitor at the discretion of the City Solicitor.

4. City Council direct that Confidential Attachment 1 to the report (March 16, 2023) and the balance of Confidential Attachment 1 to the supplementary report (March 28, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

Confidential Attachments 1 and 2 to the report (March 16, 2023) from the City Solicitor and Confidential Attachments 1 and 2 to the supplementary report (March 28, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice which is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 28, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday, and Confidential Attachment 2 to the report (March 16, 2023) from the City Solicitor and Confidential Attachment 2 to the supplementary report (March 28, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

April 28, 2023

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 28, 2023) from the City Solicitor, as amended by Confidential Attachment 1 to the Motion by Councillor Stephen Holyday, were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1. City Council accept the without prejudice offer to settle dated March 15, 2023, set out in Confidential Attachment 2 to the report (March 16, 2023) from the City Solicitor, as corrected by Confidential Attachment 2 to the report (March 28, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the Owner amending the plans contained in Confidential Attachment 2 to the report (March 16, 2023) from the City Solicitor to remove the proposed parkland dedication identified in the north-west corner of the Settlement Offer plans, and subject to the Owner agreeing that the Zoning By-law Amendment will secure the maximum heights in metres and storeys as depicted on the plans contained in Confidential Attachment 2 to the supplementary report (March 28, 2023) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning, or designates.

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

b. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

c. the Owner has submitted a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

4. City Council request the Chief Planner and Executive Director, City Planning or designates to consider the following through the site plan control review process for the subject site:

a. the balcony projections on the Bloor Street facades of Building 1, including consideration of whether they can be inset;

b. the inclusion of a Privately-Owned Publicly Accessible Space and/or easement for pedestrian access generally along the north end of the property to Millwood Park;

c. in consultation with the General Manager of Transportation Services or designates, the installation of a new traffic signal at the entrance to the subject site from Bloor Street West;

d. measures to ensure that the design elements on elevation of Building 2 facing on Mill Road reflects the scale of what is located across Mill Road; and

e. the imposition of a condition of approval to provide a Construction Mitigation Plan and Tenant Communication Strategy to the satisfaction of the Chief Planner, in consultation with the Ward Councillor.

5. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 4340 Bloor Street West from obtaining a parking permit.

6. City Council request the Chief Planner and Executive Director, City Planning or designates, to include the following as a Site Plan approval condition:

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the Development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the Development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

7. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Attachment 2 to the report (March 16, 2023) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).

Confidential Attachment 2 to the supplementary report (March 28, 2023) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).