Item - 2024.CC19.13

City Council on June 26 and 27, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 14, 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 (June 14, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 14, 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 (June 14, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer from Kagan Shastri LLP, dated June 7, 2024 respecting the Site appended hereto as Confidential Appendix A to the report (June 14, 2024) from the City Solicitor (the "Settlement Offer") subject to Part 3 below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the Settlement Offer and the revised plans attached as Confidential Appendix B to the report (June 14, 2024) from the City Solicitor.

3. City Council direct that City Council's acceptance of the Settlement Offer is conditional upon the applicant entering into an agreement of purchase and sale and completing the purchase of the north-south City-owned laneway substantially located between 514-516 Royal York Road and 2 Queen Elizabeth Boulevard and legally described as Pt Lane, Pl 1018, Lying Btn Lts 1, 2, 3 Pl 1018; Etobicoke, City Of Toronto (the "City Land") from the City, provided that this condition shall not fetter the discretion of the relevant City authorities or impose any obligations on the City in its capacity as owner of the City Land in determining whether or not to declare the City Land surplus and authorize the sale of the City Land to the owner.

4. City Council authorize the City Solicitor to request, in the event that the Ontario Land Tribunal allows the appeal, in whole or in part, that the issuance of any Final Order(s) be withheld until such time as the City Solicitor advises that:

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

b. the owner has submitted a 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;

c. the owner has submitted revised architectural plans that includes the disclaimer as outlined in Section A 2.1 of the memorandum from Engineering and Construction Services, dated February 23, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted a revised Hydrogeological Assessment Report and Hydrological Review Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the proposed development, according to the accepted Functional Servicing Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. the owner has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law, Chapter 681-10, and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the submitted Land Use Compatibility/Mitigation Study (Air Quality and Noise), dated December 19, 2022, prepared by RWDI Consultants, has been peer reviewed by a third-party consultant retained by the City at the owner's expense to confirm the proposed Core Employment Areas and General Employment Areas uses are compatible with the proposed residential uses, as required by Site and Area Specific Policy 807, and the owner agrees to implement any necessary air quality, noise or land use compatibility control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the submitted Noise and Vibration Impact Study, dated December 19, 2022, prepared by GHD Consultants, has been peer reviewed by a third-party consultant retained by the City at the owner's expense and the owner agrees to implement the noise and vibration control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. the owner has entered into one or more agreements, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure how the affordable housing requirements would be provided in the development;

k. the owner has secured an acceptable Tenant Relocation and Assistance Plan for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval;

l. the owner has provided an undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Part 3.k. above;

m. the owner has revised the site plan and architectural drawings to provide adequate space for a bus shelter and bus operations located at Royal York Road south of Sinclair Street to replace the existing stop located along the frontage of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission;

n. the owner has revised the site plan and architectural drawings to provide an adequate Wheel-Trans drop-off area and provided a Vehicular Maneuvering Diagram to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission;

o. the owner has submitted a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate Division;

p. the owner will construct and maintain the development in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application for each building;

q. the owner has submitted a revised Arborist Report and Tree Preservation Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation;

r. the owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;

s. the owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning;

t. the owner has submitted revised site plan and architectural drawings to illustrate the required public sidewalk widths and on-site passenger pick-up and drop-off facilities as outlined in Section A 1.1 of the memorandum from Engineering and Construction Services, dated October 30, 2023, to the satisfaction of the General Manger of Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

u. the owner has applied to Transportation Services and obtained City Council's approval on the closure and purchase of the City-owned lands included as part of the development site and entered into and finalized any appropriate agreements with the City to purchase City-owned lands; and

v. the owner has revised the site plan and architectural drawings to illustrate the required road widening of 0.39 metres along 520-522 Royal York Road to be conveyed through the Site Plan Control review process to the satisfaction of the General Manager, Transportation Services, and the City Solicitor.

5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement the decision of City Council.

Confidential Appendices A and B to the report (June 14, 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 (June 14, 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 (June 14, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.