Item - 2024.CC20.17

City Council on July 24 and 25, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Chris Moise.

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

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Chris Moise, were adopted by City Council and are now public as follows:

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (July 2, 2024) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix B to the report (July 2, 2024) from the City Solicitor (together the "Settlement Offer") and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 396-398 Church Street, 73-77 McGill Street and 50 Gerrard Street East.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the draft Official Plan Amendment to permit the proposed development, including re-designation of a portion of the lands from Neighbourhoods to Mixed Use Areas, is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

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

c. the Owner has at its sole cost and expense:

i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provided financial securities in respect of 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, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted an updated Transportation Impact Study or Addendum to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services;

v. submitted an updated Soil Volume Plan (including daylighting information), Landscape Plan and associated section drawings identifying appropriate clearance from existing utilities satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation;

vi. submitted an updated Pedestrian Level Wind Study, and thereafter implemented any necessary mitigation measures in the Zoning By-law Amendment, to the satisfaction to the Chief Planner and Executive Director, City Planning; and

vii. submitted an updated Aeronautical Report confirming the constructability of the proposed mixed use development to the requested overall building height (inclusive of all requested projections and mechanical equipment), to the satisfaction to the Chief Planner and Executive Director, City Planning.

4. City Council request the Mayor to consider allocating any Community Benefits Charge funds collected from the developments at 396-398 Church Street, 73-77 McGill Street and 50 Gerrard Street East to local parkland, public realm improvements or community facilities within Ward 13 - Toronto Centre in consultation with the Ward Councillor.

5. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (July 2, 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 (July 2, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 2, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.