Item - 2023.CC7.17

City Council on June 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 1, 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 (June 1, 2023) from the City Solicitor.

3. City Council direct that the balance of of Confidential Attachment 1 to the report (June 1, 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 (June 1, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated May 31, 2023 set out in Confidential Appendix A to the report (June 1, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

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

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

b. the Owner has submitted the final form of the architectural plans, landscape plans, completed Toronto Green Standards documents, Travel Demand Management Plan, servicing plans, reports, and studies, reflecting the proposal as approved in whole or in part, forming the Site Plan Control approval to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services and Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

d. the Owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Owner has submitted plans for a revised loading space design, to the satisfaction of the General Manager, Transportation Services; and

f. the Owner has withdrawn its appeal of the City of Toronto By-law 595-2022.

3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (June 1, 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 (June 1, 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 (June 1, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.