Item - 2026.CC43.25

City Council on July 29 and 30, 2026, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 28, 2026) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 28, 2026) from the City Solicitor and Confidential Appendices A and B to the report (July 10, 2026) from the City Solicitor.

3. City Council direct that Confidential Attachment 1 to the report (July 10, 2026) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 28, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 28, 2026) 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 June 30, 2026, set out in Confidential Appendices A and B to the report (July 10, 2026) 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 final form of the Official Plan Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the final form of the Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review, which Amendment may include a Holding (H) provision that may include for its removal the following conditions:

i. the owner or applicant, at their sole cost and expense has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system, storm water system, and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review, Development Review;

ii. if the Functional Servicing and Stormwater Management Report accepted and satisfactory from (i) above require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

a. the owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any updates or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review, Development Review; or

b. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted Functional Servicing and Stormwater Management Report in (i) above are constructed and operational, all to the satisfaction of the Director, Engineering Review, Development Review; and

iii. all necessary approvals or permits arising from (b)(ii)(a) or (b)(ii)(b) above are obtained, where required all to the satisfaction to the Director, Engineering Review, Development Review; and

iv. the City has received, reviewed and accepted the updated Transportation Impact Study, to the satisfaction of the Executive Director, Development Review in consultation with the General Manager, Transportation Services;

c. the provision of an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the two (2) existing rental units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, including the provision of rent gap payments, which Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, and secured to the satisfaction of the City Solicitor;

d. the owner has entered into a legal agreement and registered a section 118 restriction on title to ensure assumption of the agreement by subsequent owners to the satisfaction of the City solicitor and the Chief Planner and Executive Director, City Planning, securing the implementation of the Tenant Assistance Plan required by Condition (c) above;

e. the owner has satisfactorily addressed the Transportation Review Service and Engineering and Construction Services matters in their commenting memoranda dated May 21, 2025, and March 20, 2025, respectively, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Executive Director, Transportation Review, Development Review, and the Director, Engineering Review, Development Review; and

f. the owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review memorandum dated March 20, 2025, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Environment, Climate and Forestry.

3. City Council request the Owner to make reasonable commercial efforts to identify, in consultation with the Executive Director, Development Review, a suitable off-site parkland dedication as a substitution for an on-site parkland dedication that:

a. is accessible to the area where the subject site is located;

b. is a good physical substitute for any on-site parkland dedication;

c. is free and clear, above and below grade, of all easements, encumbrances, and encroachments;

d. is in an acceptable environmental condition; and

e. the value of the off-site dedication shall not exceed the estimated value of the on-site dedication that would otherwise be required, which value may include the cost of acquiring the land, land transfer tax, typical closing cost and reasonable real estate commissions of up to 5 percent;

all to the satisfaction of the Executive Director, Development Review.

4. Should the Executive Director, Development Review, and the Owner agree to a property as a substitution for an on-site dedication, City Council accept the off-site parkland dedication, in full or partial fulfilment of the parkland dedication requirements, pursuant to Section 42 of the Planning Act, with conveyance to the City to occur prior to the issuance of the first above grade building permit in accordance with the following:

a. in the event the total cost of acquiring the land for the off-site parkland dedication, including the purchase price, less reasonable real estate commissions of up to five percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the Executive Director, Development Review, is less than the value of the parks levy calculated at the time of submission of an application for the first above-grade building permit for the development, the difference shall be paid to the City as a cash-in-lieu of parkland payment prior to the issuance of the first above-grade building permit for the development; and

b. in the event the Owner is unable to provide a substituted off-site parkland dedication to the City, the Owner will be required to satisfy the parkland dedication requirement through a cash-in-lieu of parkland payment prior to the issuance of first above grade building permit in accordance with Chapter 415 Article III of the Municipal Code;

all to the satisfaction of the Executive Director, Development Review, and the City Solicitor.

5. 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.

6. City Council authorize the City Solicitor to take all reasonable and necessary actions to implement City Council’s decision.

Confidential Appendices A and B to the report (July 10, 2026) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the supplementary report (July 28, 2026) from the City Solicitor and Confidential Attachment 1 to the report (July 10, 2026) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (July 28, 2026) from the City Solicitor and Confidential Attachment 1 to the report (July 10, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.