Item - 2024.CC20.18

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 9, 2024) from the City Solicitor, as amended by Motion 1 by Deputy Mayor Ausma Malik.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2024) from the City Solicitor, as amended by Motion 1 by Deputy Mayor Ausma Malik, and Confidential Appendix A to the report (July 9, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 9, 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 (July 9, 2024) from the City Solicitor, as amended by Motion 1 by Deputy Mayor Ausma Malik, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated July 3, 2024 set out in Confidential Appendix A to the report (July 9, 2024) from the City Solicitor (the "Settlement Offer") and support a revised proposal substantially as set out in the without prejudice Architectural Plans and Drawings prepared by Turner Fleischer Architects Inc. dated July 3, 2024 (the "Revised Plans") attached to Appendix A to the report (July 9, 2024) from the City Solicitor (Settlement Offer), 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 and Revised Plans.

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

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

b. the owner has at its sole cost and expense:

i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report or addendums ("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 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, should it be determined that improvements or upgrades are required to support the development; and

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, 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 infrastructure or upgrades to existing municipal servicing infrastructure, as may be required.

4. City Council direct the Executive Director, Development Review, to continue discussions with the residents of Draper Street and the applicant during the Site Plan Control process on matters including, but not limited to reducing the amount of vehicular parking spaces; scheduling and coordination of solid waste pickup; designing the streetscape along Draper Street; and ongoing engagement on the Construction Management Plan.

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

Confidential Appendix A to the report (July 9, 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 report (July 9, 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 (July 9, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.