Item - 2024.CC24.11

City Council on December 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 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 (December 5, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report 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 (December 5, 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 December 3, 2024 set out in Public Attachment 1 to the report (December 5, 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 on the Official Plan Amendment and Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review, and the City Solicitor;

b. the final form and content of the Draft Zoning By-law is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

c. the owner has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes confirmation of water, sanitary, and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

d. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review, with any required wind mitigation measures to be secured through the Site Plan approval process;

f. the owner has provided an updated Transportation Demand Management Plan to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services; and

g. an Amending Section 37 Agreement satisfactory to the Executive Director, Development Review, and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing the community benefits described in Part 3 below.

3. City Council authorize the Executive Director, Development Review to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following:

a. an additional thirty-two (32) affordable rental housing units in the aggregate will be located on Development Block 3, which will have an updated definition of affordable rental housing as defined in the City's Official Plan, with an affordability period of forty (40) years.

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 (December 5, 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 (December 5, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.