Item - 2023.CC5.22

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 13, 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, B and C to the report (March 13, 2023) from the City Solicitor at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 13, 2023) from the City Solicitor 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 (March 13, 2023) from the City Solicitor were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal hearing on this matter in support of the revised Official Plan Amendment for the lands municipally known as 399-405 Yonge Street and 20 Gerrard Street East that would contain policies substantially in accordance with the following, as generally described in Confidential Appendix A to the report (March 13, 2023) from the City Solicitor, to be read in concert with amendments proposed by 409-415 Yonge Street and 9 and 17 McGill Street:

"For the purpose of block planning for the lands known as 409-415 Yonge Street and 9 and 17 McGill Street, 399-405 Yonge Street and 20 Gerrard Street East:

a. a mixed-use tall building within the lands known municipally as 409-415 Yonge Street and 9 and 17 McGill Street having a maximum height of 230.5 metres, including any mechanical penthouse, a minimum tall building setback of 10 metres from its south property line shared with the lands municipally known as 407 Yonge Street, a minimum tall building setback of 13.5 metres from its south property line shared with the lands known as 20 Gerrard Street East, and a minimum tall building setback of 10.0 metres from its east property line shared with 20 Gerrard Street East, is permitted.

b. any approval of a zoning by-law amendment for the lands known municipally as 399-405 Yonge Street permitting a tall building shall require, pursuant to section 453.1 of the City of Toronto Act, 2006, the provision of a social housing program and the Owner of the lands and the operator of the social housing program shall be required to enter into an agreement with the City and register it in priority against title to the lands which secures the provision of the social housing program in accordance with this Policy and the requirements of the Zoning By-law Amendment.

c. a mixed-use tall building within the lands known municipally as 399-405 Yonge Street having a maximum height of 249.8 metres, a total maximum height of 252.3 metres inclusive of any mechanical projections for a part of the roof area of the building, and a minimum tall building setback of 5.5 metres from its east property line, is permitted provided that the mixed-use tall building includes a social housing program within the building on the lands in accordance with Policy (b) above.

d. the minimum tall building setbacks contemplated in Policies (a) and (c) above shall not preclude the development of the lands known municipally as 20 Gerrard Street East for the purpose of a potential tall building (with a 12.5 metre setback to its westerly lot line and a 5.5 metre setback to its easterly lot line) authorized by a zoning by-law amendment provided that any potential tall building proposal within the lands shall not be approved unless it conforms and is consistent with all other municipal policies and all provincial policies (including, without limitation, all policies pertaining to heritage conservation). For the purpose of this Policy (d), the minimum tall building setbacks set out may be increased or decreased as determined through the Zoning By-law Amendment review process of any such proposed tall building, without an Official Plan Amendment to this Policy.

e. development on 399-405 Yonge Street will not cast net-new shadow as measured in hourly increments on March 21st from 9:18 a.m.-6:18 p.m. and on September 21st from 9:18 a.m.- 4:18 p.m. on Allan Gardens."

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. Provided that the applicant for 399-405 Yonge Street withdraws their appeal of the Zoning By-law Amendment application before the Ontario Land Tribunal, City Council direct the Acting Director, Community Planning, Toronto and East York District to bring forward a revised Zoning By-law Amendment substantially in accordance with the development in the Revised Plans and Drawings contained in Confidential Appendix B to the report (March 13, 2023) from the City Solicitor for a statutory public meeting pursuant to section 34 of the Planning Act with the bylaw to include a requirement that a specified residential density be used for the purpose of a social housing program as contemplated by section 453.1 of the City of Toronto Act, 2006, subject to the execution and registration of any agreement(s) pursuant to section 453.1(3) of the City of Toronto Act, 2006, as may be required to secure the provision of social housing accommodation, when the following have been completed:

a. the Owner submits a draft Zoning By-law Amendment that incorporates the requirements of section 453.1 of the City of Toronto Act, 2006 to the satisfaction of the City Solicitor, Housing Secretariat and Toronto Building to secure the social housing and implement the proposal in Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (March 13, 2023) from the City Solicitor;

b. the Owner files an updated complete set of architectural plans based on Confidential Appendix A, Confidential Appendix B and Confidential Appendix C to the report (March 13, 2023) from the City Solicitor;

c. the Owner applies for and seeks approval of an application under section 33 of the Ontario Heritage Act to request alteration of the heritage properties municipally known as 401 Yonge Street proceeding at the same meeting of Council that this matter would be brought forward to; and

d. the Owner has, at its sole cost and expense:

i. submitted 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;

ii. has secured the design and provision of 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

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning Division and the City Solicitor.

4. Prior to the release of these instructions, the City Solicitor shall obtain from the applicant for 399-405 Yonge Street, the withdrawal of its appeal of the Zoning By-law Amendment from the Tribunal so that Council may enact a Zoning By-law Amendment to establish residential densities for the purpose of a social housing program as defined by section 453.1 of the City of Toronto Act, 2006 within the lands and which implements the Revised Proposal.

5. City Council authorize the City Solicitor and appropriate City staff to take all necessary actions to implement City Council's decision.

Confidential Appendices A, B and C to the report (March 13, 2023) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 13, 2023) from the City Solicitor remains confidential at the discretion of the City Solicitor in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.