Item - 2024.CC20.26

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 11, 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 in Confidential Attachment 1 to the report (July 11, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Chris Moise, and Confidential Appendix A to the report (July 11, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 11, 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 11, 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 dated July 9, 2024 set out in Confidential Appendix A to the report (July 11, 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 Arcadis Architects Inc. dated July 9, 2024 (the "Revised Plans") attached as Schedule A to Appendix A to the report (July 11, 2024) from the City Solicitor (the "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 that the Ontario Land Tribunal 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 and Official Plan Amendment are 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 ("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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development;

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;

iv. conveyed to the City an on-site parkland dedication with an approximate size of 85.0 square metres and an approximate frontage of 3.4 metres to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

v. registered on title, an agreement, or similar legal instrument, over 119 Isabella Street, including the City as a party, that ensures that the tower portion of the proposed residential building at 10 Huntley Street can achieve an appropriate separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4. City Council approve the acceptance of partial on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

5. City Council request the Mayor to consider allocating any Community Benefits Charge funds collected from the developments at 10 Huntley Street to streetscape improvements or community facilities within Ward 13 - Toronto Centre in consultation with the Ward Councillor.

6. 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 11, 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 11, 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 11, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.