Item - 2024.CC16.14

City Council on March 20 and 21, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 5, 2024) 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 (March 5, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 5, 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.

4. City Council request that prior to Site Plan Approval, the owner shall work with the City’s Urban Forestry, Parks, Forestry and Recreation, and local residents to explore opportunities along the Broadway Avenue frontage for a double row of trees (one row of street trees and one row of trees on site) and a row of street trees along the Bayview Avenue frontage as well as the possibility of pulling back the first two levels of the building to expand the public realm along Broadway Avenue, all to the satisfaction of the Director, Urban Forestry, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 5, 2024) 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 March 1, 2024 set out in Confidential Appendix A to the report (March 5, 2024) from the City Solicitor (the "Settlement Offer") 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-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has satisfactorily addressed the matters in the Engineering and Construction Services Memorandum dated April 20, 2023, or as may be updated, in response to further submissions filed by the owner, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has satisfactorily addressed the matters in the Transportation Services memo dated May 23, 2023, or as may be updated, in response to further submissions filed by the owner, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 

d. the owner has submitted a revised Transportation Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from the study be secured if required;

e. the owner has satisfactorily addressed matters from the Urban Forestry memorandum dated January 24, 2023, or as may be updated, in response to further submissions filed by the owner, all to the satisfaction of Urban Forestry;

f. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. City Council has considered a City-initiated official plan amendment to amend Map 21-8 of the Yonge-Eglinton Secondary Plan in respect of the properties known municipally as 389 Broadway Avenue, 391 Broadway Avenue and 393 Broadway Avenue to redesignate these properties as Public Park and/or Park Expansion Areas, with such official plan amendment to be presented on or by the October 2024 meeting of City Council.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study or that mitigation is required per the Subsurface Investigation, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for required mitigation, as well as the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

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

Confidential Appendix A to the report (March 5, 2024) 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 (March 5, 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 (March 5, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.