Item - 2024.CC17.10

City Council on April 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Josh Matlow.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Josh Matlow, and Confidential Appendices A and B to the report (April 3, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 3, 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 (April 3, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Josh Matlow, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated April 2, 2024 set out in Confidential Appendices A and B to the report (April 3, 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 appeal until the City Solicitor has advised that:

a. the proposed Official Plan Amendment and Zoning By-law Amendment(s) are in a final form and content satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning;

b. the owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrogeological Review Summary, and Groundwater Summary providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has addressed all comments contained in the Engineering and Construction Services memorandum dated November 29, 2022, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;

e. the owner has provided a revised Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner has provided Vehicle Maneuvering Diagrams to the satisfaction of the General Manager, Transportation Services; and

g. the owner has registered on title a Limiting Distance Agreement over 1366 Yonge Street, including the City and Catholic Cemeteries & Funeral Services Inc. as parties, that ensures a no-build area over St. Michael’s Cemetery and includes provisions for the property line between 1366 Yonge Street and St. Michael’s Cemetery.

3. City Council confirm that the owner agrees that Life Lab and Diagnostic Imaging Inc. shall have the first option to rent or buy floor space located on the ground floor of the development in the settlement at a rate or price determined by the owner.

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

Confidential Appendices A and B to the report (April 3, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 3, 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 (April 3, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.