Item - 2024.CC14.8

City Council on February 6 and 7, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2024) 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 (January 25, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle dated January 19, 2024 set out in Public Appendices A and B (the architectural plans and drawings) (together the "Settlement Offer") to the report (January 25, 2024) 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 on the rezoning appeal until the City Solicitor has advised that:

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

b. the owner has submitted an updated Functional Servicing and Stormwater Management Report, providing confirmation of water, sanitary, and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. the owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that improvements to such infrastructure are required in the revised Functional Servicing and Stormwater Management Report to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted an updated Pedestrian Level Wind Study (Computational Fluid Dynamics Study and signed Template A) demonstrating there are no uncomfortable or unsafe wind conditions, to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process; and

e. the owner has conducted a Quality Level-A daylighting investigation of the underground utilities within the Roehampton Avenue road allowance; if the daylighting investigation reveals any deviations from the utility data currently shown on the Landscape Plans and Sections, including but not limited to types, sizes, materials, locations, and depths, then the Landscape Plans and Sections shall be updated to align with the daylighting investigation data; the owner shall also submit all daylighting investigation data to the Supervisor, Urban Forestry – Tree Protection and Plan Review, Toronto and East York District; following completion of the utility daylighting investigation, the owner shall submit confirmation that the tree planting and soil trench infrastructure proposed within the Roehampton Avenue road allowance demonstrates the provision of adequate soil volume to the satisfaction of the Supervisor, Urban Forestry - Tree Protection and Plan Review, Toronto and East York District.

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

The balance of Confidential Attachment 1 to the report (January 25, 2024) 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 (January 25, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.