Item - 2025.CC33.12

City Council on October 8 and 9, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 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 (September 25, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 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 (September 25, 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 September 19, 2025 set out in Confidential Appendix A to the report (September 25, 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 Owner and the City have filed with the Tribunal the final form of the Official Plan Amendment, which instrument shall be to the satisfaction of the City Solicitor and the Executive Director, Development Review, and which shall designate the New Public Park as Parks;

b. the Owner and the City have filed with the Tribunal the final form of the Zoning By-law Amendment, which instrument shall be to the satisfaction of the City Solicitor and the Executive Director, Development Review, and which shall zone the New Public Park as Open Space;

c. the Owner and the City have entered into an agreement under Section 37 of the Planning Act to secure the provision of the new community space and 6 affordable rental housing units;

d. the Owner has filed an updated Functional Servicing Report to the satisfaction of the Director, Engineering Review;

e. the Compatibility Mitigation Study, Air Quality, Noise and Vibration, prepared by SLR Consulting (Canada) Ltd., dated May 20, 2025, and previously filed with the City, has been peer reviewed by a third-party consultant retained by the City, and the Owner agrees to implement any necessary air quality, noise, vibration or land use compatibility control measures and recommendations identified through the peer review, with the control measures to be secured through the site plan approval and/or subdivision process, to the satisfaction of the Executive Director, Development Review;

f. the Owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated May 7, 2024, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Director, Engineering Review;

g. the Owner has submitted a revised Traffic Impact Assessment acceptable to the Executive Director, Development Review and the General Manager, Transportation Services and that such matters arising from such study have been secured if required;

h. the Owner has satisfactorily addressed the Urban Forestry matters in the Urban Forestry Memorandum dated August 9, 2022, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Supervisor, Tree Protection and Plan Review;

i. the Owner has made revisions to meet the Toronto Green Standard requirements applicable at the time of the applicant's initial Site Plan Application of June 9, 2022, to the satisfaction of the Executive Director, Development Review;

j. should it be determined that upgrades are required to infrastructure to support the development according to the accepted Functional Servicing Report and/or the Traffic Impact Study, the design and construction of any improvements to municipal infrastructure and the provision of financial securities shall be secured to the satisfaction of the Director, Engineering Review and the General Manager, Transportation Services;

k. the Owner and the City have received draft plan of subdivision approval for the Draft Plan Application (City File 22 162079 NNY 15 SB, Ontario Land Tribunal Case OLT-

24-000774); and

l. the Owner has withdrawn its appeal of City-Initiated Official Plan Amendment 558 (Ontario Land Tribunal Case OLT-21-001844).

3. City Council approve the acceptance of an on-site parkland dedication, in accordance with Section 42 of the Planning Act, being 1,150 square metres in size, in a rectangular configuration generally located in the southwest corner of the Property with frontages on Vanderhoof Avenue and Don Avon Drive (the "New Public Park"), being conveyed to the City in a phased manner described as follows:

a. City Council approve that prior to the first above-grade permit for Building A (the first building in the proposed development), the owner shall register a Section 118 Restriction, pursuant to the Land Titles Act, against title to the New Public Park to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks and Recreation, to the satisfaction of the City Solicitor;

b. City Council approve that prior to the issuance of the first above-grade building permit for Building B (the second building in the proposed development), the Owner shall convey to the City an on-site parkland dedication having a size of 956 square metres of the New Public Park, with frontage on a public street, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor;

i. City Council direct that the 956 square metres of the New Public Park be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access, for nominal consideration, and for no longer than four (4) years following the conveyance of the 956 square metres of the New Public Park, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation;

c. City Council approve that prior to the issuance of the first above-grade building permit for Building C (the third building in the proposed development), the Owner shall convey to the City an on-site parkland dedication having a size of 194 square metres of the New Public Park, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor;

i. City Council direct that the 194 square metres of the New Public Park be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development and construction access, for nominal consideration, and for no longer than four (4) years following the conveyance of the 194 square metres of the New Public Park, subject to agreements with the City outlining the insurance requirements, extent of area and use permitted, tree removal and replacement (if any), duration, restoration plan and costs, to the satisfaction of the General Manager, Parks and Recreation.

5. City Council approve the acceptance of all on-site parkland dedications, 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; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management.

6. City Council authorize that the remaining approximately 47.8 square metres of the parkland dedication requirement, pursuant to Section 42 of the Planning Act, shall be satisfied through a cash-in-lieu of parkland payment, with payment shall be made prior to the issuance of the first above-grade building permit for Building C (the third building in the proposed development).

7. 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 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 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.

8. City Council allow the owner to design, construct, and convey to the City, a minimum 464 square metres of community space ("Community Agency Space") to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Social Development, Finance and Administration, the 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 (September 25, 2025) from the City Solicitor.

9. City Council allow the owner to design, construct and maintain 6 affordable rental housing units to be located in Building A or B for 99 years to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with the terms set out in Confidential Appendix A to the report (September 25, 2025) from the City Solicitor.

10. City Council attribute a value to the in-kind contribution, set out in Parts 8 and 9 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 the building permit is issued in respect of the development.

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

Confidential Appendix A to the report (September 25, 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 (September 25, 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 (September 25, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.