Item - 2020.CC16.6

City Council on February 26, 2020, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Cressy.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Cressy.

3. City Council direct that the balance of Confidential Attachment 1 to the report (February 19, 2020) 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 (February 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Cressy, were adopted by City Council and are now public, as follows:

1.  City Council accept the with prejudice Settlement Offer dated February 10, 2020, in Public Attachment 1 to the report (February 19, 2020) from the City Solicitor and as generally shown on the Revised Plans dated February 10, 2020, in Public Attachment 2 to the report (February 19, 2020) from the City Solicitor, subject to Parts 2 to 6 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated February 10, 2020 in Public Attachment 1 to the report (February 19, 2020) from the City Solicitor and as generally shown on the Revised Plans dated February 10, 2020 in Public Attachment 2 to the report (February 19, 2020) from the City Solicitor.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that:

a.  the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  all engineering matters, including the submission of a revised Functional Servicing Report, revised Stormwater Management Report, and revised Hydrogeological Assessment have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager of Toronto Water;

c.  the Applicant has entered into an agreement or agreements securing the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water; and

d.  the Applicant has submitted a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor.

4.  City Council require that as a condition of approval for a Site Plan Control application related to this proposed development, the applicant strike a construction management working group, including the Garment District Neighbourhood Association, and any other interested community stakeholders, in consultation with the Ward Councillor, City Planning Staff, and any other City Staff as necessary.

5. City Council require, as part of a Site Plan Control application related to this proposal, the Chief Planner and Executive Director, City Planning and the Applicant to explore measures to maintain and enhance the existing character of Graffiti Alley through the design of the rear of the subject site, in consultation with the Ward Councillor.

6.  City Council require the applicant to provide art on construction hoarding in accordance with the City's START (Street Art Toronto) program.

The balance of Confidential Attachment 1 to the report (February 19, 2020) 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 (February 19, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.