0, 119-125, 160 and 200 Benny Stark Street and 116-122 Turnberry Avenue - Ontario Land Tribunal Hearing - Request for Directions

The confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 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 December 5, 2025 ("Settlement Offer") set out in Confidential Appendices A and B to the report (December 8, 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 Appeals 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 Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; b. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; c. the Owners have, at their sole cost and expense: i. submitted a revised Functional Servicing, Stormwater Management, and Hydrogeological Reports for review and acceptance to the satisfaction of the Director, Engineering Review, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; the reports will determine whether the municipal water and fire flow, sanitary and storm sewer capacity can support the proposed development, taking into account other proposed development in vicinity to the Development, and whether upgrades or improvements of the existing municipal infrastructure are required; and ii. entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the City, should it be determined that upgrades and road improvements are required to support the Development, according to the Transportation Impact Study accepted by the Executive Director, Development Review and the Functional Servicing Report accepted by the Director, Engineering Review, in consultation with the General Manager, Toronto Water (which for greater clarity shall not include any construction, security or conveyance of any kind related to the Transportation Master Plan which contemplates the creation of a Keele Street and Gunns Road extension); d. the Owners have submitted a revised Transportation Impact Study and Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review, in consultation with the General Manager, Transportation Services; e. the Owners have submitted a revised Compatibility Mitigation, Environmental Noise Feasibility and Railway Vibration Studies including peer review to the satisfaction of the Executive Director, Development Review; f. the Owners have 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; g. the Owners have submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner, City Planning and Executive Director, Development Review; h. the Owners have submitted a revised Natural Heritage Impact Study to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the Owners have submitted a stewardship plan and restoration plan informed by the Natural Heritage Impact Study, to ensure that any impact on the ravine is compensated through new planting and other mitigation on the Subject Property, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the Owners have submitted an Arborist Report, and Tree Preservation Plan to the satisfaction of the Executive Director, Environment, Climate and Forestry; k. the Owners have submitted a phasing plan to demonstrate the order in which the various phases of development would be delivered, to the satisfaction of the Executive Director, Development Review; l. the Owners and the City have entered into an agreement pursuant to Subsection 37(7.1) of the Planning Act to address the provision of the Child Care Facility to the satisfaction of the Executive Director, Development Review, the General Manager, Children's Services and the City Solicitor, with such agreement to be registered on title to the Subject Property (provided that once the facility is delivered the City will not resist an application to de-register the agreement on title to Blocks 1, 3 and 4); and m. the Owners have submitted 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 allow the owner to design, construct, finish, furnish, equip and convey to the City, at the Owner's expense, a minimum 929 square metres child care facility, with a minimum 279 square metres outdoor area, ("Child Care Facility") to the satisfaction of the Executive Director, Development Review, 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 (December 8, 2025) from the City Solicitor. 4. City Council attribute a value to the in-kind contribution, set out in Part 3 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 a building permit is issued in respect of the development. 5. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City an on-site parkland dedication, in base park condition, having a minimum size of 5,300 square meters, comprising a minimum of 600 square metres within Block 4 ("the Block 4 Parkland") and a minimum of 4,700 square metres contiguous with the Block 4 Parkland, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor; City Council approve that the parkland dedication shall be conveyed as follows: a. as it relates to the Block 4 Parkland, prior to the issuance of the First Above Grade Building Permit for any part of the Development on Block 4; and b. as it relates to the Block 5 parkland dedication, divided into parcels 5A and 5B in the Architectural Plans: 1. prior to the issuance of the First Above Grade Building Permit for any part of the Development on Block 3, the relevant parcel shall be conveyed for Block 3; and 2. prior to the issuance of the First Above Grade Building Permit for any part of the Development on Blocks 1 or 2, the relevant parcel as determined by paragraph C shall be conveyed for Blocks 1 and 2; and c. for the purposes of paragraph B, the identification of the relevant parcel of parkland is to achieve the outcome that parcel 5A is required to be conveyed first, before parcel 5B. 6. City Council approve the acceptance of on-site parkland dedication, 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 to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor. 7. 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 8, 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 (December 8, 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 8, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.