Item - 2025.CC31.6

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 12, 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 12, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 12, 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 12, 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 9, 2025 set out in Confidential Appendix A to the report (June 12, 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 Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. City Council has approved Rental Housing Demolition Application 22 233227 NNY 15 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental housing, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:

1. replacement of the existing 37 rental dwelling units, including the same number of units, bedroom type and size (including overall GFA) and with similar rents;

2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance (or acceptable alternative unit), and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

3. provision of balconies in the rental replacement units for those existing rental units with balconies.

c. the owner has submitted a Functional Servicing Report for review and acceptance to the satisfaction of the Director Engineering Review; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

d. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Transportation Impact Study and Travel Demand Management Plan, accepted by the General Manager, Transportation Services, and the Functional Servicing Report accepted by the Director, Engineering Review;

e. the owner has submitted a revised Pedestrian Level Wind Study, including an updated 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 (which shall consider effects on the adjacent lands at 83-99 Erskine Avenue), to the satisfaction of Executive Director, Development Review and the Chief Planner and Executive Director, City Planning;

f. the owner has provided an updated Arborist Report, Soil Volume Plan, Landscape and Planting Plan, Public Utility Plan, and Streetscape Plan, to address all other outstanding issues raised by Urban Forestry, Tree Protection and Plan Review; and

g. the owner has provided a revised Transportation Impact Study, and Travel Demand Management Plan, to the satisfaction of the General Manager, Transportation Services.

3. City Council request the owner to make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks and Recreation, to be conveyed prior to the issuance of the first above grade building permit and:

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

4. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

5. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of up to 5 percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development.

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

7. 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 12, 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 12, 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 12, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.