Item - 2025.CC29.6

City Council on April 23 and 24, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 8, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 8, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 8, 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 advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 8, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the revised Official Plan Amendment and Zoning By-law Amendment application filed on February 5, 2025, for the lands municipally known as 1117 Queen Street West.

2. Should the Ontario Land Tribunal approve the revised Official Plan Amendment and Zoning By-law Amendment applications, in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment 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 Official Plan Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor;

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

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

i. submitted a revised Servicing Report, 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 the provision of financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, all 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; and

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;

d. 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 for 1117 Queen Street West prepared by ERA Architects Inc., dated September 26, 2023, and Heritage Impact Assessment Addendum prepared by ERA Architects Inc., dated January 31, 2025 and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning; and

e. the Owner has entered into a Heritage Easement Agreement with the City for the property at 1117 Queen Street West in accordance with the plans and drawings prepared by Giannone Petricone Associates, dated January 31, 2025, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated September 26, 2023, and Heritage Impact Assessment Addendum prepared by ERA Architects Inc., dated January 31, 2025, and in accordance with the Conservation Plan required in Part 2.d. above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor on the lands municipally known as 1117 Queen Street West.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision, including requesting any additional conditions of approval that would be in the City's interest, in the event the Ontario Land Tribunal allows the appeal, in whole or in part.

The balance of Confidential Attachment 1 to the report (April 8, 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 advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 8, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.