Item - 2024.CC17.11

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 4, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (April 4, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 4, 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 4, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council continue to oppose the on-the-record proposal submitted on March 29, 2023 (the "March 29, 2023 Submission") for the lands municipally known as 126-134 Parliament Street, 529 Richmond Street East and a portion of Worts Lane (the "Development Site") and City Council direct the City Solicitor attend the Ontario Land Tribunal to continue to oppose the March 29, 2023 Submission.

2. City Council accept the without prejudice settlement offer attached as Confidential Appendix A (the "Without Prejudice Settlement Offer") to the report (April 4, 2024) from the City Solicitor and substantially in accordance with Confidential Appendix B (the "Revised Plans") to the report (April 4, 2024) from the City Solicitor (together, the "Revised Proposal") for the Development Site and City Council direct the City Solicitor attend the Ontario Land Tribunal to support the Revised Proposal, subject to Part 3 below.

3. 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 proposed zoning by-law is in form and content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

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;

iii. submitted a revised Transportation Impact Study or addendum, including streetscape and curb extension provisions and resolved matters related to road widenings, lane widenings and conveyances acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required;

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

v. submitted an Archeological Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. submitted a revised Pedestrian Level Wind Study 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;

vii. resolved its appeals of the King Parliament Secondary Plan (OPA 525) Ontario Land Tribunal Files OLT-21-001024 and OLT-21-001041, respectively (lead Case File OLT-21-001024) in accordance with the May 8, 2023 Ontario Land Tribunal Order to the satisfaction of the City Solicitor;

viii. has applied to Transportation Services and obtained City Council's approval on the closure and purchase of the City-owned lands included as part of the Development Site and entered into and finalized any appropriate agreements with the City to purchase City-owned lands to the satisfaction of the City Solicitor;

ix. provided confirmation that the development will be constructed and maintained the development in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application;

x. has secured an acceptable Tenant Relocation and Assistance Plan in accordance with Official Plan Policy 3.2.1.12 for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval; and

xi. has provided an undertaking or agreement to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Part 3.b.x. above.

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 4, 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 1, 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 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.