120 Bouchette Street - Ontario Land Tribunal Hearing - Request for Directions

The confidential instructions to staff in Confidential Attachment 1 to the report (September 29, 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 23, 2025 set out in Confidential Appendix A to the report (September 29, 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 Official Plan and Zoning By-law Amendments are in a final form satisfactory to the Executive Director, Development Review and the Owner, which will include Holding conditions as set out in the Settlement Offer (as set out below); b. joint ministerial approval pursuant to the Lower Don Special Policy Area and Lower Don Protocol for the Official Plan Amendment has been obtained; c. the Owner has entered into and registered on title an agreement with the City to secure the provision of Affordable Rental Housing units, to the satisfaction of the City Solicitor; and d. the Owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, with recommendations implemented as part of the Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review. 3. City Council allow the owner of the Site to construct, provide and maintain either 6.5 percent of the gross floor area on the Lands as affordable rental housing for 99 years, or 10 percent of the gross floor area on the Lands as affordable rental housing for 25 years; to the satisfaction of the Chief Planner and Executive Director, City Planning, and allow the affordable rental housing to be secured as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the terms set out in the Settlement Offer. 4. City Council attribute a value to the in-kind contribution set out in Part 3 above equal to 100 percent of 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 day the building permit is issued in respect of the development. 5. City Council authorize the Chief Planner and Executive Director, City Planning 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 in Part 3 above to the satisfaction of the Chief Planner and Executive Director, Development Review, and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 6. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (September 29, 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 (September 25, 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 29, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.