Item - 2025.CC26.5

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 21, 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, B and C to the report (January 21, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 21, 2025) 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 (January 21, 2025) 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 January 21, 2025 set out in Confidential Appendix A to the report (January 21, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

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.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor, including any appropriate holding (H) provisions;

b. City Council has approved Rental Housing Demolition Application 24 121138 STE 04 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units, 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 City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

i. replacement of the existing twelve (12) rental dwelling units, including the same number of units, bedroom type and size, and with similar rents; and

ii. 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;

c. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, and confirmed status of utility locates along Bloor Street West and Quebec Avenue and submitted revised Landscape Plan to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the owner has provided confirmation that the development will be constructed and maintained in accordance with Tier 1, Toronto Green Standard Version 4.0, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard Version 4.0, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application;

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 submitted a revised Sun/Shadow Study and supplementary studies to the satisfaction of the Executive Director, Development Review;

g. the owner has submitted a revised Natural Heritage Impact Study to the satisfaction of the Executive Director, Development Review, with any required mitigation and enhancement measures to be secured through the Site Plan approval process;

h. the owner has addressed all outstanding issues raised by Transportation Services related to the pedestrian clearway/sidewalk transition along Quebec Avenue between the subject site and the adjacent Toronto Transit Commission High Park Station entrance to the north as they relate to the Zoning By-law Amendment application and the holding provisions if any required in the Zoning By-law amendment as set out in their memo dated April 18, 2024, or as may be updated in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

i. the owner has submitted an acceptable Functional Servicing and Stormwater Management Report and associated plans or reports deemed necessary for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

j. the owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment; and

k. in the event the Functional Servicing Report, Stormwater Management Report, and/or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational, any upgrade or required improvements, prior to the issuance of final site plan approval for any development on the lands, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

Confidential Appendices A, B and C to the report (January 21, 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 21, 2025) 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 (January 21, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.