3386 to 3398 Bayview and 32 Brenham Crescent - Ontario Land Tribunal Hearing - Request for Directions

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 2, 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 (December 2, 2025) from the City Solicitor, as amended by motion 1 by Councillor Lily Cheng, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated November 28, 2025, set out in Confidential Appendices A and B to the report (December 2, 2025) from the City Solicitor, as amended by the updated without prejudice offer letter dated December 16, 2025 attached as Confidential Appendix A to motion 1 by Councillor Lily Cheng, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. Should the Ontario Land Tribunal grant the Appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final Order on the Appeals pursuant to the following conditions: a. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review; b. the owner has submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands and addressed outstanding issues in the Development Engineering memo dated January 24, 2025, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water and the Director, Engineering Review; c. if the Engineering Reports are accepted and are satisfactory and should they identify any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either: i. the owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, in a financial secured agreement, all to the satisfaction of the Director, Engineering Review in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services; or ii. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Engineering Reports in (i) above are constructed and operational, all to the satisfaction to the Director, Engineering Review in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services; d. ensure that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; e. the Chief Planner and Executive Director, City Planning has approved a Rental Housing Demolition Application to permit the demolition of the existing rental housing and the owner has entered into and registered on title one or more agreements to secure an acceptable tenant assistance plan, all to the satisfaction on the Chief Planner and Executive Director, City Planning; f. the City has agreed to expedite its review of the Rental Housing Demolition Application and agreements to be entered into as contemplated in paragraph (e) above; and g. the owner has submitted a scoped Transportation Impact Study Addendum, including an assessment of the impacts of the newly proposed Bayview access on a major arterial road and approximately 30 metres from a new intersection proposed by the site across the street (3377 Bayview Avenue Tyndale); the assessment shall include an analysis of the queues and operation safety to confirm whether a right-in-right-out driveway is required all to the satisfaction of Executive Director, Development Review and the General Manager, Transportation Services. 3. 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 (December 2, 2025) from the City Solicitor and Confidential Appendix A to motion 1 by Councillor Lily Cheng are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 2, 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 (December 2, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.