Item - 2025.CC26.7

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 22, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (January 22, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 22, 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 22, 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 20, 2025, set out in Confidential Appendix A to the report (January 22, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. 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 City Solicitor advises the Ontario Land Tribunal of the following:

a. the final form of the Zoning By-law Amendment is finalized, satisfactory to the Executive Director, Development Review, City Planning and the City Solicitor;

b. the owner has satisfied all requests for further information identified in the Engineering and Construction Services memo to Community Planning dated July 28, 2023, including but not limited to, a revised Functional Servicing Report to demonstrate the site can be adequately serviced to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. 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 improvements are required 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;

d. the owner has provided a Pedestrian Level Wind Study demonstrating that the development can achieve comfortable wind conditions, and that any necessary modifications to achieve pedestrian comfort are implemented and secured in the Zoning By-law and/or Site Plan process all to the satisfaction of the Executive Director, Development Review, City Planning and the City Solicitor;

e. the owner has provided a Soil Volume Plan and a Public Utilities Plan with QLA data acceptable to the Supervisor, Urban Forestry, Tree Protection and Plan Review demonstrating trees can be accommodated within the Queen Street West City boulevard; and

f. the owner has withdrawn its appeal of Official Plan Amendment 445 (Case OLT-22-002046).

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

Confidential Appendix A to the report (January 22, 2025) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (January 22, 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 22, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.