Item - 2023.CC7.9

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

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 29, 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 to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (May 29, 2023) from the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Holyday.

4. City Council direct that the balance of Confidential Attachment 1 to the report (May 29, 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 (May 29, 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 without prejudice settlement offer, dated May 25, 2023 and attached as Confidential Appendix A to the report (May 29, 2023) from the City Solicitor and the revised architectural plans, dated May 12, 2023, prepared by Graziani + Corazza Architects, and attached as Confidential Appendix B to the report (May 29, 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 Settlement Offer and the revised architectural plans, attached as Confidential Appendix B to the report (May 29, 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:

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 Owner has submitted a revised Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the revised development proposal and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or whether any upgrades that may be required;

c. the Owner has made arrangements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction of any improvements to the municipal infrastructure, including the use of a Holding provision in the site-specific zoning by-law amendment, if necessary, 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;

d. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e. the Owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services; and

f. the Owner has provided a revised Pedestrian Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, with recommendations implemented as part of the amending Zoning By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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 4, 6, 8 and 10 Beamish Drive 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.

6. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (May 29, 2023) from the City Solicitor, and Confidential Attachment 1 to Motion 1 by Councillor Stephen Holyday, are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 29, 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.