Item - 2024.CC18.4

City Council on May 22 and 23, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, and Confidential Appendices A, B and C to the report (May 7, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 7, 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 (May 7, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated May 6, 2024 set out in Confidential Appendix A to the report (May 7, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, provided that the total number of pick up and drop off parking spots on the site be increased from 9 to 13, to be split between the two proposed towers, to the satisfaction of the Chief Planner and Executive Director, City Planning.

2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision and to request that the Ontario Land Tribunal hold its final order in this matter until:

a. the Applicant has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. the Applicant has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-law(s) and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the form and content of Official Plan Amendment and Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

d. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report, the Applicant will have entered into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, or alternatively a Holding Provision shall be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. City Council has approved the Rental Housing Demolition Application 22 193302 NNY 18 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental units on the Site, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing the following:

1. the replacement of the existing residential rental units on the lands;

2. the rents, rental tenure, unit mix, and unit sizes of the replacement rental units;

3. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to replacement rental units on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

4. any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Toronto Official Plan and Chapter 667 of the Toronto Municipal Code.

Confidential Appendices A, B and C to the report (May 7, 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 (May 7, 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 (May 7, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.