Item - 2024.CC18.2

City Council on May 22 and 23, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2024) from the City Solicitor, as amended by Motion 1b by Councillor Lily Cheng.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2024) from the City Solicitor, as amended by Motion 1b by Councillor Lily Cheng, and Confidential Appendices A and B to the report (May 6, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 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.

4. City Council direct that Confidential Attachment 1 to Motion 1a by Councillor Lily Cheng remain confidential in its entirety, as it contains advice or information regarding potential litigation.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2024) from the City Solicitor, as amended by Motion 1b by Councillor Lily Cheng, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer attached as Confidential Appendix A (the "Without Prejudice Settlement Offer") to the report (May 6, 2024) from the City Solicitor, and substantially in accordance with Confidential Appendix B (the "Revised Plans") to the report (May 6, 2024) from the City Solicitor (together, the "Revised Proposal") for the Development Site and direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Part 2 below and subject to an increase in the minimum amount of non-residential gross floor area to 160 square metres.

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

a. the final form and content of the draft Official Plan and Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters contained in the Engineering and Construction Services Memorandum dated September 28, 2023, including the provision of acceptable reports and studies, as they relate to the Official Plan and Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and/or 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;

d. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review in their memorandum dated October 2, 2023, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e. the Owner has 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;

f. the Owner has withdrawn its party status to the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) appeal to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-004346;

g. the Owner 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

h. the Owner 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 2.g. above.

3. City Council request the General Manager, Transportation Services to report to the North York Community Council to review and report back on the feasibility of excluding the development located at 10-18 Abitibi from Permit Parking should it be implemented on an area or street-based basis in the future.

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

Confidential Attachment 1 to Motion 1a by Councillor Lily Cheng remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or information regarding potential litigation.