Item - 2025.CC32.17

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 Appendix A 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 that is 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 without prejudice offer to settle dated July 11, 2025, set out in Confidential Appendix A to the report (July 14, 2025) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any final Order(s) until such time as the City Solicitor advises the Ontario Land Tribunal of the following:

a. the final form of the Zoning By-law Amendment and Official Plan Amendment is finalized, satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the applicant has satisfied all requests for further information and revisions identified in the Engineering and Construction Services memo to City Planning dated June 14, 2024, including but not limited to, a revised Functional Servicing Report to demonstrate the site can be adequately serviced to the satisfaction of the Director, Engineering Review;

c. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Director, Engineering Review and the General Manager, Transportation Services;

d. the owner has submitted a revised Environmental Noise and Vibration Assessment, peer reviewed by a third-party consultant on behalf of the City and at the owner's expense, to the satisfaction of Executive Director, Development Review that shall determine the appropriate Area Class per Section B9 of NPC-300;

e. the owner has, at its sole cost and expense, submitted a revised Rail Safety and Risk Mitigation study and it has been peer reviewed to the satisfaction of the Executive Director, Development Review;

f. any necessary studies, including those related to pedestrian level wind impacts, sun shadow, noise and vibration, and compatibility have been completed, and their recommendations addressed to the satisfaction of the Executive Director, Development Review;

g. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review and a soil volume plan and tree planting plan has been accepted by the Supervisor, Urban Forestry, Tree Protection and Plan Review; and

h. the Owner has entered into and registered on title to the Lands, an agreement pursuant to the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 5 below to the satisfaction of the Executive Director, Development Review, the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, and the City Solicitor, in accordance with the terms set out in Confidential Appendix A to the report (July 14, 2025) from the City Solicitor, which agreement shall be evidence of arrangements for the provision of the in-kind contribution to the satisfaction of City Council.

3. City Council approve that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above grade building permit, the owner shall convey to the City an on-site parkland dedication, in base park condition, having a minimum size of 534 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

4. City Council approve 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 to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

5. City Council allow the owner to design, construct, and convey to the City, at the Owners expense, a minimum 540 square metres of community space ("Community Agency Space") to the satisfaction of the Executive Director, Development Review, Executive Director, Social Development, Finance and Administration, Executive Director, Corporate Real Estate Management, and the City Solicitor, as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the terms set out in Confidential Appendix A to the report (July 14, 2025) from the City Solicitor.

6. City Council attribute a value to the in-kind contribution, set out in Part 5 above, equal to 100 percent of four 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 a building permit is issued in respect of the development.

7. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (July 14, 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 (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.