Item - 2024.CC16.10

City Council on March 20 and 21, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor, as amended by Motion 1a by Councillor Dianne Saxe.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by Motion 1a by Councillor Dianne Saxe, and Confidential Appendix A to the report (March 6, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 6, 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.

4. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Environment and Climate and the Toronto Hydro Corporation, to report back to City Council by the fourth quarter of 2024, with recommendations to align the Toronto Green Standards with TransformTO and the planned Emission Performance Standards for Existing Buildings, so that newly approved buildings will be capable of net zero carbon operating emissions by 2040. 
 

The confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor, as amended by Motion 1a by Councillor Dianne Saxe, were adopted by City Council and are now public, as follows:

1. City Council accept the without prejudice offer to settle dated March 5, 2024 set out in Confidential Appendix A to the report (March 6, 2024) from the City Solicitor, and City Council 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 until the City Solicitor has advised that:

a. the final form and content of the Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrological Review Summary, and Groundwater Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. all comments from Engineering and Construction Services contained in their April 21, 2023 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and

e. the owner has submitted a revised shadow study and Pedestrian Wind Study, including the identification of any required wind mitigation measures to be secured in the zoning by-law amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to section 37(6) of the Planning Act with respect to the provision of a community space in the development or improvements to Balmuto Street, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

4. City Council request the Chief Planner and Executive Director, City Planning to secure, as a Site Plan Application Pre-Approval Condition, that the applicant demonstrate (through an Energy Modelling Report and Upfront Embodied Emissions Assessment accepted by the City of Toronto Environment and Climate) that the building design complies with the applicant’s written commitment to meet Toronto Green Standard Version 4 Tier 2 (or the minimum applicable version of the Toronto Green Standard, if more stringent) including but not limited to Energy Emissions and Resilience performance requirements GHG 1.1 (Greenhouse Gas Emissions Limits), GHG 1.2 (Building Energy Performance) and GHG 2.1 Low Embodied Emissions Materials). 

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

Confidential Appendix A to the report (March 6, 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 (March 6, 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 (March 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.