Item - 2025.CC32.15

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 14, 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, B and C to the report (July 14, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 14, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 14, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the settlement offer attached in Confidential Appendices A, B and C to the report (July 14, 2025) from the City Solicitor and direct the City Solicitor 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 official plan and rezoning 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 Official Plan and Zoning By-law Amendments are satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the owner has satisfactorily addressed matters from Development Engineering as contained in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Development Engineering, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review;

c. the owner has submitted an updated Hydrogeological Review Report, Hydrological Review Summary, Foundation Drainage Summary Form, Subsurface Utility Engineering Investigation, Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary Form and any other reports or documents deemed necessary in support of the development to the satisfaction of the Director, Engineering Review;

d. the owner has satisfactorily addressed the Transportation Services matters in the Development Engineering Memorandum, dated June 25, 2024, and any outstanding issues raised by Transportation Services, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Director, Engineering Review and the General Manager, Transportation Services;

e. in the event that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, the owner has secured the design, construction, and provision of financial securities for any new or upgraded municipal infrastructure in a financially secured agreement to the satisfaction of the Director, Engineering Review and the General Manager, Transportation Services;

f. the owner has satisfactorily addressed matters from the Tree Protection and Plan Review, Urban Forestry Memorandum, dated April 12, 2024, and any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including the provision of acceptable reports and studies), to the satisfaction of the Executive Director, Environment, Climate, and Forestry;

g. the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Executive Director, Development Review; and

h. the submitted Noise Impact Study and Land Use Compatibility/Mitigation Study, both dated February 2, 2024 and prepared by RWDI, have been peer reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review.

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, B and C to the report (July 14, 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 14, 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 14, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.