Item - 2024.CC20.20

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.

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 (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 were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated July 4, 2024 set out in Confidential Appendix A to the report (July 9, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

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 revised development proposal generally described in the Settlement Offer.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form of the Zoning By-law Amendment is to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with other appropriate divisions.

b. the owner has, at the owner's expense:

i. submitted a revised Functional Servicing and Stormwater Management Report, including confirmation of water and fire flow, sanitary and storm capacity, and determination of the functionality, operational status and potential relocation alternatives of the existing 900 millimetre storm sewer which is located within the subject property to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services;

iii. secured the design and the provision of financial securities for upgrades or required improvements to the existing municipal infrastructure and/or new 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 and/or new infrastructure are required to support the development;

iv. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services;

v. submitted an updated Noise and Vibration Impact Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning and that such matters arising from such Study be secured if required;

vi. submitted necessary studies, including those related to pedestrian level wind impacts and sun shadow have been completed and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vii. submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning.

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 (July 9, 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 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.