Item - 2024.CC22.11

City Council on October 9 and 10, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 24, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 24, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 24, 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 (September 24, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle dated September 23, 2024, set out in Public Attachment 1 to the report (September 24, 2024) from the City Solicitor and 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 draft Official Plan Amendment and Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has withdrawn its appeal of the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) in Ontario Land Tribunal Case OLT-22-004346;

c. the owner has submitted revised sun/shadow and wind studies reflecting the proposal as approved in whole or in part, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Development Review;

d. the owner has demonstrated that the revised proposal associated with the Settlement Offer meets Tier 1 of Version 4 of the Toronto Green Standard;

e. the owner has addressed all outstanding issues raised by Urban Forestry and Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

f. the owner has submitted a Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and associated plans to the City for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner has submitted a revised Transportation Impact Study to the City for review and acceptance, to the satisfaction of the General Manager, Transportation Services;

h. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the accepted Transportation Impact Study, then either:

1. a Holding Provision should be included in the final form of the site-specific Zoning By-law Amendment, as the case may be, 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 the General Manager, Transportation Services; or

2. prior to the issuance of a final order, the owner has entered into an agreement or agreements or has otherwise secured for the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

i.  the Chief Planner has approved the Rental Housing Demolition application (24 103481 NNY 18 RH) under Chapter 667 Residential Rental Property Demolition and Conversion Control of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental units on the sites, 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.

3. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Development Review, the local ward Councillor, the City Solicitor and the Executive Director, Housing Secretariat, to continue to work with the applicant related to the provision of in-kind affordable housing units as a community benefit package pursuant to 37(6) of the Planning Act and to look at other opportunities to maximize affordable housing on site, using the Rental Housing Supply Program incentives and any other sources of City funding, and report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

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

The balance of Confidential Attachment 1 to the report (September 24, 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 (September 24, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.