Item - 2024.CC18.6

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 supplementary report (May 22, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 22, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (May 22, 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 the report (May 7, 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 supplementary report (May 22, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer attached as Public Attachment 1 to the report (May 7, 2024) from the City Solicitor, as amended by the Supplementary Settlement Offer attached as Confidential Appendix A to the supplementary report (May 22, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, provided that the Revised Plans are also modified to reduce the height of the proposed mechanical penthouse to approximately 5.0 metres, such that there is a reduction in the overall metred height of the building.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised the Ontario Land Tribunal that:

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

b. the Owner has:

1. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums (the "Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

2. provided an addendum to the Transportation Impact Study, dated September 2022, including acceptable Transportation Demand Measures to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services;

3. submitted a revised full Landscape drawing set including Soil Volume Plans and Chart to address compliance with the Toronto Green Standard, including the parts of the ecology section, which pertain to existing and proposed trees and soil volume requirements, as well as Manufacturer specific soil cell layouts, sections and specifications (stamped by a licensed professional Civil Engineer and Structural Engineer in the Province of Ontario warranting that the product as proposed satisfied all City of Toronto loading requirements), along with a Public Utility Plan inclusive of Quality Level A data, all acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation;

4. submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

5. submitted a Compatibility and Mitigation Study for Air Quality, Dust, Odour, Noise and Vibration, that is peer reviewed by a qualified third-party consultant retained by the City of Toronto, at the Owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

6. submitted an updated Wind Tunnel 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.

3. Should it be determined that upgrades are required to the municipal infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study or that mitigation is required per the Subsurface Investigation, which cannot be addressed through the withholding of the Ontario Land Tribunal’s final order, City Council direct the City Solicitor and appropriate City staff to request that a Holding provision (H) 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 required mitigation, as well as 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 and the General Manager, Transportation Services.

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

Confidential Appendix A to the supplementary report (May 22, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the supplementary report (May 22, 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 supplementary report (May 22, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment 1 to the report (May 7, 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. Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.