Item - 2025.CC28.9

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 11, 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 (March 11, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 11, 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 (March 11, 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 March 11, 2025 set out in Confidential Appendix A to the report (March 11, 2025) from the City Solicitor and shown on the revised plans in Confidential Appendix B to the report (March 11, 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 final order until the City Solicitor has advised that:

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

b. the owner has submitted a revised pedestrian wind tunnel study, including the identification of any required mitigation measures to be implemented and secured through the Zoning By-law and/or Site Plan Control process to resolve wind safety exceedances and to improve pedestrian comfort, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted a revised transportation impact study, including an updated analysis of vehicular circulation on the Lands, including the pick-up/drop-off area at the proposed residential lobby, access to the underground garage ramp and loading space, and access to the self-storage facility, to the satisfaction of General Manager, Transportation Services;

d. the owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater run-off, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has made arrangements with the City and has entered into the appropriate agreement 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 revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and revised Traffic Impact Study accepted by the General Manager, Transportation Services;

f. the submitted Rail Safety Report has been peer reviewed by a third-party consultant retained by the City at the owner’s expense, to the satisfaction of the Executive Director, Development Review, as party of the Zoning By-law Amendment application; and

g. 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, to the satisfaction of the Executive Director, Environment, Climate and Forestry.

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

Confidential Appendices A and B to the report (March 11, 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 (March 11, 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 11, 2025) from the City Solicitor will be made public at the discretion of City Solicitor.