Item - 2025.CC31.7

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, as amended by motion 1 by Councillor Lily Cheng.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 12, 2025) from the City Solicitor, as amended by motion 1 by Councillor Lily Cheng, and Confidential Appendices A to C 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, as amended by motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated June 10, 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 Official Plan Amendment and Zoning By-law Amendment until the City Solicitor has advised that:

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

b. the owner has submitted a revised wind study reflecting the proposal as approved, to the satisfaction of the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning;

c. the owner has provided a revised Traffic Impact Study and a revised Transportation Demand Management plan, to the satisfaction of the General Manager, Transportation Services;

d. any cash-in-lieu required as part of the Payment-in-Lieu of Bicycle Parking Program and any related templates/agreements have been paid and completed to the satisfaction of the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning;

e. the owner has demonstrated that the proposal meets Tier 1 of Version 4 of the Toronto Green Standard;

f. the Chief Planner and Executive Director, City Planning, has approved Rental Housing Demolition Application 24 110419 NNY 18 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 four existing rental dwelling units at 7, 15 and 17 Nipigon Avenue and the Owner has secured an acceptable Tenant Relocation and Assistance Plan for the four tenants addressing financial compensation and other assistance to lessen hardship, on such terms and conditions in an agreement with the City, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

g. the owner has submitted a revised 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; and

h. 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 are required to support the development, according to the Functional Servicing Report accepted by the Director, Engineering Review.

3. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfillment 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, in an acceptable environmental condition, 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 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.

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for any 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.

6. City Council request the City Solicitor and the Executive Director, Development Review to secure a minimum of 250 square metres of non-residential space at grade along Nipigon Avenue and permit a reduction in the amenity space requirements to a minimum of 3.0 square metres per unit of amenity space within the building, with at least 1.5 square metres per unit of indoor amenity area.

7. City Council direct the General Manager, Parks and Recreation and the Executive Director, Development Review, in consultation with the local Ward Councillor and the City Solicitor, to work with the Owner to explore an in-kind community benefit package pursuant to Section 37(6) of the Planning Act, including a contribution towards the increase of an off-site parkland dedication, and to use the balance, if available, for a public art installation along the adjacent mid-block connection, and to report back to City Council for further instruction on any offer of in-kind community benefits made by the owner.

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

Confidential Appendices A, B and C 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.