Item - 2022.CC41.7

City Council on March 9, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2022) 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 (March 1, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2022) 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 (March 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of the settlement offer presented in the letter from Cassels Brock & Blackwell dated February 25, 2022 and substantially in the form of Architectural Drawings prepared by Zeidler Architecture Inc. dated February 23, 2022 and attached respectively as Confidential Appendices A and B to the report (March 1, 2022) from the City Solicitor.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order with respect to the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan amendment and Zoning By-laws are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

c. in the event that the updated reports required above identify necessary upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrades or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has provided confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path, to the satisfaction Chief Building Official and Executive Director, Toronto Building;

e. the Owner has provided written confirmation from the Toronto Transit Commission that a Toronto Transit Commission Technical Review has been completed, that the development will maintain a 3.0 metre clearance between the building and all Toronto Transit Commission infrastructure, or has otherwise confirmed that the Toronto Transit Commission does not object to the development; and

f. the Applicant has withdrawn its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as relates to the subject lands.

3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

Confidential Appendices A and B to the report (March 1, 2022) 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 (March 1, 2022) 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 (March 1, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.