Item - 2025.CC31.5

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 Appendices A and B 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 offer to settle dated June 5, 2025 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 until the City Solicitor has advised that:

a. the proposed Official Plan and Zoning By-law Amendments are in a final form and content satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the owner has submitted a revised Transportation Management Plan acceptable to, and to the satisfaction of, the General Manager, Transportation Services;

c. the owner has submitted a Methane Gas Investigation Report acceptable to, and to the satisfaction of the Director, Engineering Review, and that such matters arising from such study be secured if required;

d. the owner has submitted a revised pedestrian level wind study, including 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;

e. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning;

f. the owner has entered into one or more agreement(s) with the City to secure the Affordable Rental Housing Units comprising a minimum residential gross floor area of 804 square metres on the terms and conditions in Appendix A to the report (June 11, 2025) from the City Solicitor, and has registered on title to the site a Section 118 restriction under the Land Titles Act agreeing not to transfer or charge any of the lands without consent of the Chief Planner and Executive Director, City Planning, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

g. the owner has satisfactorily addressed the Zoning By-law, Official Plan Amendment and applicable Site Plan Control matters in the Engineering and Construction Services Memorandum dated May 30, 2022 and November 7, 2024 or as may be updated, in response to further submissions filed by the owner, all to the satisfaction of the Director, Engineering Review;

h. the owner has provided vehicle maneuvering diagrams (VMDs) in respect of the proposed loading, parking and pick-up/drop-off spaces as well as a pick-up/drop-off study to the satisfaction of the General Manager, Transportation Services;

i. the zoning by-law for the lands may include a holding provision to be removed when the following are fulfilled:

i. the owner and/or the 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; and

ii. 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 Functional Servicing and Stormwater Management Report are constructed and operational, all to the satisfaction to the Director, Engineering Review; and

iii. all necessary approvals or permits arising from the above are obtained, where required, to the satisfaction to the Director, Engineering Review.

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 (June 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 (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.