Item - 2025.CC26.3

City Council on February 5, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2025) 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 (January 24, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 24, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (January 24, 2025) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix B to the report (January 24, 2025) from the City Solicitor for the lands municipally known as 86, 100-108 Lombard Street and 103 Richmond Street East (together the "Settlement Offer") from the City Solicitor and subject to the Parts 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 Settlement Offer for the lands municipally known as 86, 100-108 Lombard Street and 103 Richmond Street East (the "Development Site").

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the 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 Zoning By-law Amendment are satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the Owner has, at its sole cost and expense:

i. submitted a revised Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted an updated Transportation Impact Study or addendum, to the satisfaction of the Executive Director, Development Review;

v. submitted an updated Pedestrian Level Wind Study to ensure that no outdoor amenity areas, private residential balconies, the public realm or adjacent properties have uncomfortable wind conditions, and where necessary incorporating any required mitigation measures in the Zoning By-law Amendment or otherwise implemented at Site Plan Control, to the satisfaction of the Executive Director, Development Review;

vi. the Owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, and revised November 29, 2024, to the satisfaction of the Senior Manager, Heritage Planning; and

vii. the Owner has entered into a Heritage Easement Agreement with the City for all of the lands municipally known as 86, 100-108 Lombard Street and 103 Richmond Street East substantially in accordance with plans and drawings prepared by WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, and revised November 29, 2024, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor on the lands.

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 (January 24, 2025) 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 (January 24, 2025) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 24, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.