Item - 2023.CC5.27

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 Appendices A, B, C and D 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, 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 March 17, 2023, set out in Confidential Appendix A to the report (March 17, 2023) from the City Solicitor, and support the revised proposals that are substantially in accordance with the plans and drawings in Confidential Appendix B to the report (March 17, 2023) from the City Solicitor, for 2231 St. Clair Avenue West (the "Clair West Site") and in Confidential Appendix C to the report (March 17, 2023) from the City Solicitor, for the 2255 St. Clair Avenue West (the "Cobalt Site") (collectively the "Settlement Offer"); and direct the City Solicitor to attend the Ontario Land Tribunal in support of same, subject to the recommendations below.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment(s) are in a final form 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 if the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment, and that the final form of Zoning By-law Amendments includes same;

c. the Applicant has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study have been secured, if required;

d. the Applicant has provided an updated pedestrian level wind study based on wind tunnel analysis and the Toronto Green Standard template and statistics, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. the Applicant has appropriately addressed comments from Urban Forestry respecting the tree preservation and soil volume requirements for the Sites.

3. City Council recommend that the Chief Planner and Executive Director, City Planning secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the Owner's obligation to:

a. 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 development;

b. prior to commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. prior to the earlier of condominium registration for the development on the Cobalt Site or occupancy of the development on the Cobalt Site, the owner shall prepare all documents and grant, on terms set out in the Site Plan Agreement, a public access easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of the rear laneway having a width of not less than 6.0 metres measured from the south property boundary for the full combined width of the Clair West Site and the Cobalt Site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; and such access easement, in addition to rights afforded to the general public shall include rights for the abutting property owners to use the easement for the purpose of direct access to their properties, with such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor including those shown on Confidential Appendix B to the report (March 17, 2023) from the City Solicitor). The owner shall, at its own expense, construct and maintain the rear laneway lands referred to herein at a standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval; and shall provide the City with an indemnity against liability in accordance standard City requirements;

d. the owner shall provide the City with an option to require the fee simple conveyance for nominal consideration, free of any encumbrances of both the southerly 3.0 metre wide portion of the laneway lands referred to in Part 3c. up to southwest corner of the proposed building on the Cobalt Site and the 6.0 metre wide portion of the laneway beyond the southwest corner of the proposed building on the Cobalt Site to Cobalt Avenue to the City, all to the satisfaction of the General Manager Transportation Services and the City Solicitor on terms set out in the Site Plan Agreement; the option shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a public lane at the rear of Sites; if the City exercises its option, the then owner of the of property shall prepare all documents and convey the lands to the City on a date that is 120 days following the delivery of notice by the City, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor; and prior to conveyance, and as may be required, the owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct the rear access as a public lane;

e. prior to the earlier of condominium registration or occupancy, the owner shall prepare all documents and grant, on terms set out in the Site Plan Agreement, an easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of Mondavi Gate to the east of 2231 St. Clair Avenue West having a width of not more than 10.0 metres on the lands generally shown as Part 5 and Part 6 in Confidential Appendix D to the report (March 17, 2023) from the City Solicitor, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor; with such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor). The owner shall, at its own expense, construct and maintain the lands referred herein to the standard required of a City Street to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval; and shall provide the City with an indemnity against liability in accordance standard City requirements;

f. the owner shall provide the City with an option, to require the fee simple conveyance for nominal consideration, free of any encumbrances of the lands referred to in Part 3.e. to the City (and generally shown as Part 5 and Part 6 in Confidential Appendix D to the report (March 17, 2023) from the City Solicitor), all to the satisfaction of the General Manager Transportation Services and the City Solicitor on terms set out in the Site Plan Agreement; the right shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a connection of Mondavi Gate from St. Clair Avenue West to Ryding Avenue; upon receipt of such notice, the then owner of the of property shall prepare all documents and convey the lands to the City on a date that is 120 days following the delivery of notice, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor; and prior to conveyance, and as may be required, the owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct as a public street; and

g. prior to issuance of the first above grade building permit, the owner shall provide the City with a fee simple conveyance for nominal consideration, free of any encumbrances of the 4.94 metre road widening on St. Clair Avenue West to the City, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor on terms set out in the Site Plan Agreement.

4. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A, B, C, and D to the report (March 17, 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 17, 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.