Item - 2024.CC23.19

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 Appendices A and B 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 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 28, 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, subject to the conditions set out below:

a. confirmation that the final form and content of the Draft Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater runoff, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and/or any upgrades that may be required;

c. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision shall be included in the final form of the site-specific zoning by-law amendment and the Holding Provision is not to be lifted until such time as the owner has made satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure, including entering into appropriate agreement(s) with the City and the provision of financial securities, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted an updated Transportation Impact Study report which will include information on the proposed driveway relocation, site circulation, traffic signals and any outstanding comments not addressed to the satisfaction of the General Manager, Transportation Services;

e. the owner has addressed all outstanding issues raised in the Urban Forestry, Tree Protection and Plan Review memo dated May 15, 2023, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

f. the owner has submitted revised architectural drawings removing the proposed balconies on the north façade of the base building; and

g. the owner has submitted a Pedestrian Level Wind Study demonstrating that the development can achieve comfortable wind conditions and that any necessary modifications to achieve pedestrian comfort are implemented and secured in the Zoning By-law and/or Site Plan process, all to the satisfaction of the Executive Director, Development Review Services.

2. In accordance with Section 42 of the Planning Act, the Owner is required to satisfy the parkland dedication requirement through cash-in-lieu; as per Toronto Municipal Code Chapter 415-29, the appraisal of the cash-in-lieu will be determined under the direction of the Executive Director, Corporate Real Estate Management; additionally, the Toronto Municipal Code Chapter 415-28, requires that the payment be made prior to the issuance of the first above-ground building permit for the land to be developed.

3. 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 (November 1, 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 (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.