Item - 2025.CC33.15

City Council on October 8 and 9, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 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 (September 26, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 26, 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 (September 26, 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 September 24, 2025 set out in Confidential Appendix A to the report (September 26, 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 final form of the draft Official Plan Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

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, Development Review;

c. the City has received, reviewed, and accepted the updated Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services;

d. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Executive Director, Development Review, which among other matters may include a holding (H) provision, with the enactment of an amending by-law to remove the holding symbol when the following conditions are fulfilled:

i. if the Functional Servicing and Stormwater Management Report are accepted and satisfactory from Part 2.b. above, and indicate that new municipal infrastructure or upgrades to existing municipal infrastructure are required 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 to support the development, as identified in the accepted Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review, Development 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 and Sanitary Capacity Analysis in Part 2.d.i.1. above are constructed and operational, all to the satisfaction to the Director, Engineering Review, Development Review; and

ii. all necessary approvals or permits arising from Part 2.d.i.1. or 2.d.i.2. above are obtained, where required, all to the satisfaction of the Director, Engineering Review, Development Review.

e. the Chief Planner and Executive Director, City Planning or their designate has approved Rental Housing Demolition Application 24 191529 NNY 08 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 three (3) existing rental dwelling units on the lands and the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure, among other matters, the following:

i. the provision of an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the three (3) existing rental units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, including the provision of rent gap payments; the Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

f. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 13, 2024, and any outstanding issues arising from the ongoing technical review of the Proposed Development (which may require provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services and the Director, Engineering Review, Development Review;

g. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the General Manager, Transportation Services;

h. the owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review, Memorandum dated September 10, 2024, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review of the Proposed Development (which may require provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Environment, Climate and Forestry;

i. the owner has provided a revised wind study including a wind tunnel test, and all recommended mitigation measures are secured in the Zoning By-law Amendment and/or through the Site Plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review;

j. the owner has, at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and has secured any recommended mitigation measures in the Zoning By-law Amendment, all to the satisfaction of the Executive Director, Development Review;

k. the owner has submitted an updated and complete Toronto Green Standard Checklist and Statistics Template, to the satisfaction of the Executive Director, Development Review; and

l. the owner has registered on title to the lands a Limiting Distance Agreement, to which the City will be a party, to the satisfaction of the City Solicitor and the Executive Director, Development Review, that ensures a minimum 28.0-metre separation distance between Tower A and any building on the abutting property to the west of Tower A.

3.  City Council approve:

a. that in accordance with Section 42 of the Planning Act, and prior to the issuance of the first above-grade building permit for Tower A (the first phase of the development), the Owner shall convey to the City an on-site parkland dedication having a minimum size of 562.7 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor;

b. the acceptance of on-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; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management; and

c. 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.

4. City Council authorize that the on-site parkland dedication be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access for nominal consideration and for no longer than two (2) years following the conveyance of the on-site parkland dedication, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation.

5. City Council authorize the City Solicitor and other relevant staff to take all necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (September 26, 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 (September 26, 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 (September 26, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.