Item - 2024.CC16.25

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 6, 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 6, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 6, 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 (March 6, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer dated March 5, 2024, set out in Public Attachment 2 to the report (March 6, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Settlement Offer 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 final form and content of the Official Plan Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the final form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

c. the owner has submitted a revised 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 determining whether holding provisions are required in the Zoning By-law Amendment;

d. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision 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 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, or in the alternative, the owner has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the property at 625 Yonge Street dated December 29, 2023 prepared by The Ventin Group Limited Architects, to the satisfaction of the Senior Manager, Heritage Planning; and

f. the owner has entered into a Heritage Easement Agreement with the City for the property at 625 Yonge Street substantially in accordance with the plans and drawings dated December 15, 2023 prepared by Core Architects and the required Conservation Plan.

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 6, 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 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.