Item - 2025.CC32.13

City Council on July 23 and 24, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 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 (July 11, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 11, 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 (July 11, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer attached as Confidential Appendices A and B to the report (July 11, 2025) from the City Solicitor, and direct the City Solicitor and appropriate staff to attend the Ontario Land Tribunal to support the Settlement, conditional on the matters being addressed as set out in Part 2 below.

2. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its Order with respect to the Zoning By-law Amendment appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. the owner, at its sole cost and expense, has provided a Pedestrian Level Wind Tunnel Study with 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, at its sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report (the "Engineering 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;

d. if the accepted Engineering Report requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

i. the owner, at its sole cost and expense, 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 identified in the accepted Engineering Report, to support the development, in a financially secured agreement, to the satisfaction of the Director, Engineering Review; or

ii. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted Engineering Report, have been constructed and are operational, to the satisfaction of the Director, Development Review;

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

f. the owner has made 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, 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:

i. 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;

ii. 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

iii. 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.

3. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A and B to the report (July 11, 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 (July 11, 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 (July 11, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.