Item - 2023.CC5.26

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 16, 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 16, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 16, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 16, 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 March 6, 2023, in Confidential Appendix A to the report (March 16, 2023) from the City Solicitor, and the revised architectural plans, dated February 28, 2023, prepared by Graziani + Corazza Architects in Confidential Appendix B (the "Settlement Offer") to the report (March 16, 2023) from the City Solicitor.

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 revised development proposal generally described in the without prejudice settlement offer and the revised architectural plans, in Confidential Appendix A to the report (March 16, 2023) from the City Solicitor.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize 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 proposed Zoning By-law Amendment(s) and Official Plan Amendment are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the Owner submit a Rental Housing Demolition and Conversion Declaration of Use and Screening Form and, if there are any affected rental housing units and /or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;

c. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning, where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable;

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. made financially secured arrangements 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;

iii. submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy, to the satisfactory of the General Manger, Transportation Services, and thereafter implement any such requirements as part of the Site Plan Control application; and

iv. submitted an updated Computational Fluid Dynamics pedestrian level wind study that reflects the revised proposal, including the identification of any required mitigation measures to be secured through the site plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

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 applicable at the time of the site plan application for the building on the Site;

b. the Owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning, and shall construct and maintain any required mitigation measures, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the Owner shall explore with City staff additional improvements to the duplex curb location to facilitate public realm improvements that result in a safer pedestrian level experience, through a combination of curb extensions and landscaping to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

d. requirements for a construction management plan, to the satisfaction of the General Manager, Transportation Services, in consultation with the Ward Councillor; and

e. the Owner shall agree to provide an Elevation of the west building façade illustrating secondary windows punctuating a blank wall condition, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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 16, 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 16, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.