Item - 2025.CC28.11

City Council on March 26 and 27, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 13, 2025) from the City Solicitor, as amended by Motion 1 by Councillor Frances Nunziata.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 13, 2025) from the City Solicitor, as amended by Motion 1 by Councillor Frances Nunziata, and Confidential Appendix A to the report (March 13, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 13, 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 (Marc 13, 2025) from the City Solicitor, as amended by Motion 1 by Councillor Frances Nunziata, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated March 12, 2025 set out in Confidential Appendix A to the report (Marc 13, 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 instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

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

b. the owner has addressed all outstanding issues identified within the Engineering and Construction Services memorandum, dated February 12, 2024, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has submitted a revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Foundation Drainage Summary Form, Foundation Drainage Technical Brief and Hydrological Review Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted an Environmental Noise and Vibration Assessment, such report to be peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, to the satisfaction of the Executive Director, Development Review;

f. the owner has provided a revised Pedestrian Level Wind Study including a revised Wind Tunnel test with the identification of any required mitigation measures to be secured in the Zoning By-law amendment and through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;

g. the owner has addressed all outstanding issues raised by Metrolinx noted in correspondence, dated March 28, 2023, including the need for a technical review and makes required revisions, to the satisfaction of the Metrolinx;

h. the owner has addressed and accommodated the required road widening, noted in correspondence, dated February 12, 2024, to the satisfaction of the General Manager, Transportation Review;

i. the owner has submitted a revised Transportation Impact Study, including all requested revisions, to the satisfaction of the General Manager, Transportation Review;

j. the owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated March 29, 2023, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the Executive Director, Environment, Climate and Forestry;

k. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review;

l. the owner has provided an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.12, to the satisfaction of the Chief Planner and the City Solicitor; and

m. the Owner has entered into a Limiting Distance Agreement with the City and Metrolinx, which would secure the tower setbacks and separation distances shown on the Block Plan attached to this letter to the satisfaction of Executive Director, Development Review, the City Solicitor and Metrolinx.

3. City Council request the Mayor to consider allocating any Community Benefit Charge funds collected from this development to affordable housing within Ward 5 - York South-Weston, through the annual budget process immediately following the payment of the funds to the City.

4. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking, in order to exclude residents of, visitors to, or tradespersons at 2636-2654 Eglinton Avenue West and 1856 and 1856A Keele Street from obtaining a parking permit.

5. City Council request the Executive Director, Development Review to consider adding the following post-approval condition during the site plan process review:

a. the Owner shall insert an advisory clause that residents of the development will be ineligible for on-street parking permits, into all purchases, agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the Development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the Development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

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

Confidential Appendix A to the report (March 13, 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 (March 13, 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 (March 13, 2025) from the City Solicitor will be made public at the discretion of City Solicitor.