Item - 2025.CC32.9

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 10, 2025) from the City Solicitor, as amended by motion 1 by Councillor Michael Thompson.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 10, 2025) from the City Solicitor, as amended by motion 1 by Councillor Michael Thompson, and Confidential Appendices A and B to the report (July 10, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 10, 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 10, 2025) from the City Solicitor, as amended by motion 1 by Councillor Michael Thompson, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated June 27, 2025 set out in Confidential Appendix A to the report (July 10, 2025) from the City Solicitor (excluding the elimination of the additional setback along the eastern frontage of the subject site as outlined in option 2) and the revised plans dated June 20, 2025, in Confidential Appendix B to the report (July 10, 2025) from the City Solicitor (together the "Settlement Offer”), 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 on the Zoning By-law Amendment application until the City Solicitor has advised that:

a. the final form and content of the Zoning By-law Amendment are to the satisfaction of the Executive Director, Development Review and the City Solicitor, in consultation with other appropriate divisions; and

b. the Owner has, at its sole cost and expense:

i. submitted a revised Transportation Impact Study, traffic signal warrant analysis and Transportation Demand Management Plan acceptable to, and to the satisfaction of, the Executive Director, Development Review and the General Manager, Transportation Services;

ii. addressed any comments from the Executive Director, Environment, Climate and Forestry on the updated arborist report dated June 19, 2025;

iii. provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Director, Engineering Review; these reports shall determine whether the municipal water, stormwater runoff, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; and

iv. entered into a financially secured agreement, with financial security to be provided prior to final site plan approval, for the construction of any improvements to the municipal infrastructure, at the Owner's sole expense, should it be determined that upgrades and or new sewer installations are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Director, Engineering Review.

3. City Council request the Owner, at its sole cost and expense, to make reasonable efforts to consider, in consultation with the Executive Director, Development Review, improvements to the facade of the existing building located on the subject site.

4. City Council authorize the Executive Director, Development Review to continue to work with the owner of the subject site to explore the owner’s provision of in-kind community benefit(s) pursuant to subsection 37(6) of the Planning Act and report back to City Council for further instruction on any offer of in-kind community benefits made by the owner.

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

Confidential Appendices A and B to the report (July 10, 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 10, 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 10, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.