Item - 2024.CC20.19

City Council on July 24 and 25, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 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 (July 9, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 9, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated July 5, 2024 set out in Confidential Appendix A to the report (July 9, 2024) from the City Solicitor (the "Settlement Offer").

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 Settlement Offer and a revised proposal for the lands municipally known as 1053 Don Mills Road, 2, 4, 4R, and 6 The Donway East (the "Site") that is substantially in accordance with the revised plans attached as Schedule A to Confidential Appendix A to the report (July 9, 2024) from the City Solicitor (the "Settlement Offer"), subject to the Parts below.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal having been advised by the City Solicitor that:

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

b. the Draft Plan of Subdivision as well as the Conditions of Draft Plan Approval respecting the proposed Plan of Subdivision are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate City Divisions;

c. the Owner has provided a final wind tunnel study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Owner has provided a Functional Servicing Report, Hydrogeological Report, and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water that address both the Zoning By-law Amendment and Draft Plan of Subdivision;

f. the Owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning that address both the Zoning By-law Amendment and Draft Plan of Subdivision;

g. the Owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road and/or signal improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

h. the Owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review memorandum dated July 5, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Supervisor, Tree Protection and Plan Review;

i. the Owner has entered into an agreement with the City for the fee simple conveyance of the on-site parkland dedication requirement and at no cost to the City, with such conveyance to occur prior to issuance of the first above-grade building permit for the first building in the second phase of development or on terms satisfactory to the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; the Owner shall provide a letter of credit for the value of the parkland prior to issuance of the first above-grade building permit in the first phase of development and register a restriction under Section 118 of the Land Titles Act, R.S.O. 1990 on same in accordance with the City’s standard terms;

j. the agreement referred to above shall include terms requiring the conveyance of the parkland free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management; and

k. City Council has approved the Rental Housing Demolition Application 21 223798 NNY 16 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the one hundred-sixty (160) existing rental dwelling units at 1053 Don Mills Road, 2, 4, 4R, and 6 The Donway East, 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 all rental housing-related matters necessary to implement City Council's decision, including:

1. replacement of the existing 160 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

Confidential Appendices A and B to the report (July 9, 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 (July 9, 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 (July 9, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.