Item - 2023.CC8.6

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff Confidential Attachment 1 to the report (June 30, 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 30, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 30, 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 30, 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 June 30, 2023 set out in Confidential Appendix A to the report (June 30, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement and revised plans.

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 Zoning By-law Amendment and Official Plan Amendment are in final form and content, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

b. the Owner has submitted an updated Computational Fluid Dynamics pedestrian level wind study, including the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the Owner has submitted a satisfactory Hydrogeological Report, and Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has satisfactorily addressed any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

f. the Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template;

g. the Owner has submitted a satisfactory Transportation Impact Study, including an acceptable Parking and Loading Study and Transportation Demand Management Strategy satisfactory and the General Manager, Transportation Services;

h.  If it is determined that there are affected rental housing units and/or dwelling rooms with existing tenants, 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;

i. if it is determined that 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.

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 30, 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 30, 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 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.