Item - 2023.CC5.23

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 17, 2023) 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 (March 17, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 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 17, 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 February 14, 2023, and the revised architectural plans, dated July 1, 2022, prepared by BPD Quadrangle Architects Limited, in  Confidential Appendix A (the "Settlement Offer") to the report (March 17, 2023) from the City Solicitor.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal on this matter in support of the revised development proposal generally described in the Settlement Offer.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters, listed below, have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the lands until such time as the outstanding matters have been completed:

a. the final form and content of the Zoning By-law amendments are 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;

c. the Applicant, at its sole expense, has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development;

d. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, which includes, amongst other things, providing a revised arborist report, revised tree protection plans, a revised landscape/planting plan, a Natural Heritage Impact Study, and a tree removal/injury permit application all to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e. the Owner has provided an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for tenants of the existing three (3) rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to mitigate hardship, prior to the issuance of Notice of Approval Conditions for Site Plan Approval;

f. the Owner has provided a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the required Tenant Relocation and Assistance Plan pertaining to the existing three (3) rental dwelling units proposed to be demolished;

g. should Chapter 667 of the Toronto Municipal Code apply to the Lands, City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental dwelling units on the Site;

h. the Owner has satisfied the outstanding matters identified in the Urban Forestry (Ravine and Natural Feature Protection) memorandum dated January 4, 2022, to the satisfaction of the Manager, Urban Forestry (Ravine and Natural Feature Protection);

i. the Owner convey a 10-metre buffer adjoining the ravine top of bank, to the satisfaction of the Toronto and Region Conservation Authority, the Chief Planner and Executive Director, City Planning and the City Solicitor; and

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

i. submitted a hydraulic network model simulation/analysis and sanitary calculations, and a revised Functional Servicing 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. submitted a revised Transportation Demand Management Plan, to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and

iii. submitted a revised Transportation Impact Study including a Transportation Demand Management Plan to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required, and if necessary, the proposed Zoning By-law Amendment has been revised to address any mitigation measures to reduced parking ratios arising from the accepted studies or reports.

4. City Council recommend to the Chief Planner and Executive Director, City Planning that the following matters, among others, be secured at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; as follows:

a. the Owner shall construct and maintain the development of the Site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards;

b. the Owner shall provide a pedestrian level wind study, 1:50 scale detailed colour renderings of building elevations, and a material sample board to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

c. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor.

5. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision.

Confidential Appendix A to the report (March 17, 2023) 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 (March 17, 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 17, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.