Item - 2023.CC12.8

City Council on November 8 and 9, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 26, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Frances Nunziata.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (October 26, 2023) from the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Frances Nunziata. 

4. City Council direct that the balance of of Confidential Attachment 1 to the report (October 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

5. City Council request the Mayor to allocate any Community Benefit Charges funds collected from the development at 1736-1746 Weston Road towards public realm improvements or recreational facilities within Ward 5 York South-Weston, which may include a potential future Discovery Ice Trail and/or an Ice Rink, as part of the Mayor’s proposed budget for the year immediately following the payment of the funds to the City.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 26, 2023) from the City Solicitor, as amended by Motion 1 by Councillor Frances Nunziata, were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer dated October 19, 2023, set out in Confidential Appendix A to the report (October 26, 2023) from the City Solicitor, and support a revised proposal that is substantially in accordance with Confidential Appendix B to the report (October 26, 2023) from the City Solicitor (together, the "Settlement Offer"), subject to the recommendations below.

2. City Council direct the City Solicitor to attend at the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer.

3. 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 Owner has submitted a revised Transportation Impact Study, including all requested revisions to the satisfaction of the General Manager, Transportation Services;

b. the Owner has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Noise and Vibration Report has been peer reviewed at the cost of the applicant and the report has been revised to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-law(s) and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the form and content of Zoning By-law Amendment(s) is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

f. 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 applicant will have entered 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 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services, or alternatively a Holding Provision shall be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as 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 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.

4. City Council request the owner to prioritize a restaurant and/or grocery tenant for the non-residential space, at grade, in the new development. 

5. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, with the appraisal of the cash-in-lieu to be determined under the direction of the Executive Director, Corporate Real Estate Management, and the payment to be made prior to the issuance of the first above-ground building permit for the development.

6. 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 (October 26, 2023) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachment 1 to Motion 1 by Councillor Frances Nunziata is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (October 26, 2023) 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 (October 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.