Item - 2023.CC5.38

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday.

2. City Council authorize the public release of the confidential instructions 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, as it contains advice that is subject to solicitor-client privilege and information regarding potential litigation.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 9, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Stephen Holyday, were adopted by City Council and are now public as follows:

1. City Council accept the settlement offer set out in Confidential Appendices A and B to the report (March 9, 2023) from the City Solicitor, (the "Settlement Offer") and City Council authorize the City Solicitor to take all necessary steps to give effect to a settlement.

2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing into this matter in support of the Settlement Offer and to request the Ontario Land Tribunal to hold its final order in this matter until:

a. the final form and content of the draft Zoning By-law Amendments are determined to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

3. City Council be advised that the Chief Planner will secure these matters through the Site Plan:

a. the owner shall be required as a condition of approval to provide a Construction Mitigation Plan and Tenant Communication Strategy to the satisfaction of the Chief Planner, in consultation with the Ward Councillor;

b. it shall be set out in the Site Plan Agreement that the use of the Property as temporary parking for the property known municipally as 555 The West Mall will not be required by the time redevelopment of the Property proceeds; further, the owner will make best efforts during construction to maintain parking for existing tenants on the Property to minimize disruption but, in the event that some or all parking is required to be removed, the owner will accommodate temporary parking in close proximity to the Property, with the details to be secured in a parking plan to be prepared and secured as part of the site plan control process, to the satisfaction of the Chief Planner; and

c. it shall be set out in the Site Plan Agreement that the proposed at-grade indoor and outdoor amenities will be available to meet the programming needs of existing and future residents and visitors, without pass through of the costs to tenants occupying the existing rental units, such as through rent increases; the renovation of the Indoor and outdoor amenity space in the existing building will be the subject of tenant survey to inform the programming of this space.

4. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking, in order to prevent the residents of, visitors to, or tradespersons at 555 the East Mall from obtaining a parking permit.

5. City Council request the Chief Planner and Executive Director, City Planning to include the following as a Site Plan approval condition:

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the Development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the Development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

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 in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.