Item - 2024.CC16.15

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 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, 2025) 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 (March 5, 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 February 27, 2024 set out in Public Appendices A and B (the architectural plans and drawings) (together the "Settlement Offer") to the report (March 5, 2024) from the City Solicitor.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment application until the City Solicitor has advised that:

a. the final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with other appropriate divisions, and that it provides for, among other matters:

i.  a Type "G" loading space or the Owner shall make any other acceptable arrangements to the satisfaction of the Manager, Solid Waste Management Services, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

b.  the Owner has, at its sole cost and expense:

i. resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes 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;

ii. entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iii. submitted a revised Transportation Impact Study or addendum to demonstrate the necessary easements for access from the private laneway to the south and any streetscape and curb extension provisions, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and such matters arising from the Transportation Impact Study, if required, be secured through the Site Plan Control process; and

iv. submitted a revised Landscape Plan (with a public utility plan underlay in an updated soil volume plan) to the satisfaction of the General Manager, Parks, Forestry and Recreation.

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 (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.