Item - 2025.CC30.8

City Council on May 21 and 22, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 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 (May 6, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 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 (May 6, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated May 2, 2025, as set out in Confidential Appendix A to the report (May 6, 2025) from the City Solicitor (the "Settlement Offer") and support a revised proposal that is substantially in accordance with the Revised Plans attached to the Settlement Offer, subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer and Revised Plans.

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

b. the owner has submitted a revised Pedestrian Level Wind Tunnel 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;

c. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated February 23, 2022, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted a revised Functional Servicing and Stormwater Management Report, providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has submitted a revised Transportation Impact Study, comprising the following:

i. sightline analysis for the intersection of Eglinton Avenue East and the new public street;

ii. a comparison of existing traffic volumes based on updated counts at critical intersections;

iii. comparison of background traffic volumes;

iv. revised trip generation based on the updated statistics for the proposal; and

v. revised site traffic assignment based on the removal of the Aerodrome driveway;

all to the satisfaction of the General Manager, Transportation Services; and

f. the owner has addressed all outstanding issues raised in the Urban Forestry Memorandum dated January 5, 2022, or as may be updated, in response to further submissions filed by the Owner, as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

4.  City Council approve that, in accordance with Section 42 of the Planning Act, prior to the First Above Grade Building Permit, the Owner shall satisfy the parkland dedication requirement through a 3,000 square metres off-site parkland dedication located on the east side of 161 Vanderhoof Avenue contiguous to Leonard Linton Park with any remaining shortfall to be satisfied through a payment of cash-in-lieu prior to the issuance of the first above grade building permit, subject to the following:

a. the Owner shall convey property to the City as an off-site parkland dedication prior to the issuance of the first above-grade building permit for the development with the exact location and configuration of the Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation;

b. the Owner shall comply with the City’s environmental requirements with respect to conveyances to the City prior to the conveyance of the off-site parkland dedication to the City and shall be responsible for all costs associated with any environmental work to be completed prior to the conveyance of the land, including the peer review process;

c. prior to the issuance of the first above-grade building permit for the development site, the Owner shall be responsible for the cost, design and construction of the Base Park Improvements on the off-site parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

d. prior to the issuance of the first above-grade building permit, the Owner shall make a cash-in-lieu payment for the residual value of the parkland dedication requirement.

5.  City Council approve the acceptance of the 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 and in base park condition, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

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, Forestry 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, Forestry 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 and City staff to take any necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (May 6, 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 (May 6, 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 (May 6, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.