Item - 2025.CC33.13

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 26, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 26, 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.

4. City Council request the Mayor to consider allocating any Community Benefits Charges collected from the development at 65, 73, 75, 77, 81 McCormack Street to the improvement of Harwood Park, through the annual budget process immediately following the payment of the funds to the City.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle dated September 25, 2025 set out in Public Appendix A to the report (September 26, 2025) from the City Solicitor 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 until the City Solicitor has advised that:

a. the Official Plan Amendment and Zoning By-law Amendment be finalized, in a form and content acceptable to the City Solicitor, the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning;

b. the Owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence dated October 30, 2023, to the satisfaction of the Director, Engineering Review;
 
c. the Owner has submitted a revised Transportation Impact Study including all requested revisions identified within the Engineering and Construction Services correspondence, dated October 30, 2023, to the satisfaction of the General Manager, Transportation Services;
 
d. the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Director, Engineering Review, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the Development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the Development and/or any upgrades that may be required; the Owner shall also provide the Servicing Report Groundwater Summary, Foundation Drainage Summary Form, Foundation Summary Form Technical Brief, and the Hydrological Review Summary to the satisfaction of the Director, Engineering Review; should it be determined 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 made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities, at no cost to the City, to the satisfaction of the Director, Engineering Review, and General Manager, Transportation Services; the Owner has provided a Pedestrian Level Wind Study, in accordance with the City's Terms of Reference, with such report to be reviewed and recommendations implemented as part of the Zoning By-law and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the Owner has submitted an Electromagnetic Field Management Plan to be peer reviewed at the owner's expense, with recommendations to be implemented to the satisfaction of the Chief Planner and Executive Director, City Planning;
 
f. the Owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review and provided required materials, including a Public Utilities Plan and a Site Grading Plan, all to the satisfaction of the Executive Director, Environment, Climate and Forestry;
 
g. the Owner has submitted a phasing plan to demonstrate, to the satisfaction of the Executive Director, Development Review, how the required non-residential gross floor area will be achieved;
 
h. the Owner has made revisions to meet the Toronto Green Standard requirements current as at the time of zoning application, if applicable, to the satisfaction of the Executive Director, Development Review;
 
i. the submission and acceptance of a Compatibility and Mitigation Study (including air quality and noise and vibration assessments), which shall be peer reviewed at the owner’s expense, with recommendations to be implemented to the satisfaction of the Executive Director, Development Review; and
 
j. the Owner has provided an updated Geotechnical Study and/or Erosion Hazard Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning and the Toronto and Region Conservation Authority.

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

The balance of Confidential Attachment 1 to the report (September 26, 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 26, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.