Item - 2024.CC20.27

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.

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.

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

1. City Council accept the With Prejudice Offer to Settle dated July 10, 2024 set out in Public Attachments 1 and 2 to the report (July 11, 2024) from the City Solicitor (the architectural plans) (together the "Settlement Offer"), and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

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

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

b. the owner has provided a revised Functional Servicing and Stormwater Management Report to determine the stormwater runoff, sanitary flow, and water supply demand resulting from the proposed development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has provided a revised Transportation Impact Study, including a Transportation Demand Management Plan, to the satisfaction of the General Manager, Transportation Services;

d. the owner is meeting the accessible parking and visitor parking requirements in City-wide Zoning By-law 569-2013 to the satisfaction of the General Manager, Transportation Services;

e. the owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and Transportation Impact Study accepted by the General Manager, Transportation Services;

f. the owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of the proposed development and comply with Foundation Drainage Policy and guidelines to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

g. the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the owner has provided a revised Sun/Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner has submitted Compatibility/Mitigation Studies, including the Air Quality Study, dated February 11, 2022, prepared by RWDI AIR Inc., and the Noise Impact Study, dated February 10, 2022, prepared by LEA, have been peer reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

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.