Item - 2023.CC12.9

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 30, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (October 30, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 30, 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.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 30, 2023) 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 October 27, 2023 ("Settlement Offer"), set out in Confidential Appendix A to the report (October 30, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the conditions set out below:

a. the final form and content of the Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. City Council approve that in accordance with Section 42 of the Planning Act, prior to the first above grade building permit the Owner shall convey to the City an on-site parkland dedication, having a minimum size of 430.8 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

c. 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; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management;

d. 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, Forestry 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, Forestry 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;

e. the Owner has submitted an acceptable Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and associated plans, for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. in the event the Functional Servicing Report, Stormwater Management Report, and/or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational, any upgrade or required improvements, prior to the issuance of final site plan approval for any development on the lands, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the Owner has submitted a revised Transportation Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services and that such matters arising from such study be secured if required; and

h. the Owner has withdrawn its appeal of the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-004346.

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

Confidential Appendix A to the report (October 30, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (October 30, 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 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.