Item - 2025.CC31.3

City Council on June 25 and 26, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 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 Appendix A to the report (June 11, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 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 (June 11, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated June 10, 2025, as set out in Confidential Appendix A to the report (June 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 Order on the Official Plan Amendment and Zoning By-law Amendment until the City Solicitor has advised that:

a. the final form of the Zoning By-law amendment is to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the owner or applicant, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review;

c. if the accepted Functional Servicing and Stormwater Management Report requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

1. the owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review; or

2. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report are constructed and operational, all to the satisfaction to the Director, Engineering Review.

d. the owner has addressed all outstanding issues identified in the Engineering and Construction Services’ correspondence, dated June 28, 2024, to the satisfaction of the Director, Engineering Review;

e. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

f. the owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, to the satisfaction of the Executive Director, Development Review;

g. the submitted Compatibility/Mitigation Study and Roadway Traffic Noise Feasibility Assessment, both dated September 20, 2023, and prepared by Gradient Wind Engineering Inc. have been peer-reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;

h. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the application, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and

i. one of the following conditions has been met to secure the provision of affordable housing or purpose-built rental in accordance with Site and Area Specific Policy 784:

1. the owner has submitted a Housing Issues Report identifying how affordable and/or purpose-built rental housing requirements will be met, to the satisfaction of the Chief Planner and Executive Director, City Planning and the owner has made satisfactory arrangements and entered into one or more agreements, which may include a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands to secure the provision of affordable or purpose built rental housing to the satisfaction of the City Solicitor; or

2. a holding provision is included in the final form of the site-specific Zoning By-law amendment outlining that the holding provision will not be lifted until such time as the owner has submitted a Housing Issues Report identifying how affordable and/or purpose-built rental housing requirements will be met, to the satisfaction of the Chief Planner and Executive Director, City Planning and entered into one or more agreements to secure the provision of affordable or purpose-built rental housing to the satisfaction of the City Solicitor.

3. City Council allow the owner of 210 Islington and 99 Birmingham to design, construct, finish, provide and maintain on the site a minimum of either 10 percent of the total new residential gross floor area as affordable ownership housing or 7 percent of the total new residential gross floor area as affordable rental housing for 99 years as part of a condominium development on the Site, to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat, as an in-kind contribution pursuant to Subsection 37(6) of the Planning Act, in the event the owner elects to provide this affordable housing.

4. In the event the owner of 210 Islington and 99 Birmingham elects to provide affordable housing in accordance with Part 3 above, City Council authorize the Executive Director, Development Review to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified to the satisfaction of the Executive Director, Housing Secretariat and the City Solicitor, with such agreement to be registered on title to the Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

5. In the event the owner of 210 Islington and 99 Birmingham elects to provide affordable housing in accordance with Part 3 above and an In-Kind Contribution Agreement is entered into, City Council attribute a value to the in-kind contribution equal to 100 percent of four (4) percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the building permit is issued in respect of the development and direct staff to advise the owner of such valuation.

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

Confidential Appendix A to the report (June 11, 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 (June 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 (June 11, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.