Item - 2023.CC5.25

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 9, 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 9, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 9, 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 9, 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 as described in Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, and substantially in accordance with Confidential Appendix B (the "Settlement Offer") to the report (March 9, 2023) from the City Solicitor and subject to Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 409-415 Yonge Street and 9 and 7 McGill Street.

3. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendments substantially in accordance with what is described in Confidential Appendix A to the report (March 9, 2023) from the City Solicitor, are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the proposed Zoning By-law Amendments are in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. 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;

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 and the City Solicitor; and

iv. submitted a revised Transportation Impact Study to implement the Settlement Offer and addressing comments in the Engineering and Construction Services Memorandum dated February 23, 2023 from Transportation Services, to the satisfaction of the General Manager, Transportation Services.

4. City Council request the General Manager, Transportation Services:

a. to evaluate speed limit reductions in the area, and if determined to be not feasible, to evaluate the potential for the appropriate location of speed calming measures;

b. to evaluate whether a no stopping zone should be implemented on Sheard Street;

c. to evaluate the feasibility of whether a raised tabletop pedestrian crossing with the installation of pedestrian crossing warrants or stop signs, as may be appropriate, is required at specific intersections in the surrounding area as may be identified in the accepted revised Transportation Impact Study required by Part 3.c.iv above; and

d. to examine and report to Toronto and East York Community Council, after the Official Plan Amendment and Zoning By-law Amendment has come into full force and effect, regarding the realignment of Permit Parking to exclude the lands at 409-415 Yonge Street and 9 and 17 McGill Street, from the permit parking on McGill Street.

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 and B to the report (March 9, 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 9, 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 9, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.