Item - 2024.CC23.16

City Council on November 13 and 14, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 1, 2024) from the City Solicitor.
 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 1, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 1, 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 (November 1, 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 October 31, 2024 set out in Confidential Appendix A to the report (November 1, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement and a revised proposal for the Site that is substantially in accordance with the revised plans attached as Public Attachment 1 to the Settlement Offer, subject to the Parts below.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Official Plan Amendment and Zoning By-law Amendment until the Ontario Land Tribunal having been advised by the City Solicitor that:

a. the Official Plan Amendment and Zoning By-law Amendment are in a final form satisfactory to the City Solicitor and the Executive Director, Development Review;

b. the Owner has submitted a Computational Fluid Dynamics Phase 2 Pedestrian Level Wind Study as per the City of Toronto Terms of Reference, to the satisfaction of the Executive Director, Development Review, provided that the City agrees that the results of this study will not result in any further modifications to the built form of the building;

c. the Owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum, or as may be updated, including a revised Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accompanied by a coordinated Hydrological Review Summary Form and Servicing Report Groundwater Summary Form, all to the satisfaction of the Executive Director, Development Review;

d. the Owner has submitted a revised Transportation Impact Study, including acceptable Travel Demand Management, addressing outstanding issues in the Transportation Services memo, or as may be updated in response to further submissions filed by the Owner, all to the satisfaction of the Executive Director, Development Review and that such matters arising from such Plan be secured as required;

e. the Owner has provided justification for locating access from Lawrence Avenue West and the proposed Type C loading space, all to the satisfaction of the Executive Director, Development Review;

f. the Owner has provided a pick-up/drop-off study to the satisfaction of the Executive Director, Development Review;
 

g. the Owner has submitted a revised Heritage Impact Assessment to the satisfaction of the Executive Director, Development Review and the Senior Manager, Heritage Planning and that matters arising from such study be secured, if required;

h. the Owner has provided a sun shadow study, to the satisfaction of the Executive Director, Development Review, and provided the City agrees the results of this study will not result in any further modifications to the built form of the building; and

i. the Owner has provided a soil volume plan and section details for each soil area demonstrating the proposal meets the minimum soil volumes in accordance with the Toronto Green Standard, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

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

Confidential Appendix A to the report (November 1, 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 (November 1, 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 (November 1, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.