Item - 2023.CC5.18

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 16, 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 (March 16, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 16, 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 (March 16, 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 December 5, 2022 ("Settlement Offer"), in Confidential Appendix A to the report (March 16, 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 draft Zoning By-law Amendment is satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services;

b. the Ontario Land Tribunal has received confirmation from the City Solicitor that:

i. the outstanding issues identified in the memorandum dated September 7, 2022 from Engineering and Construction Services have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. all encroachments within City easements have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. a revised parking and loading study has been submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, with the appropriate development standards to be secured in the implementing Zoning By-law;

iv. a Transportation Demand Management plan has been submitted to the satisfaction of the Chief Planner and Executive Director, City Planning;

v. a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review (the "Engineering Reports") are submitted to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

vi. appropriate legal mechanisms are in place requiring:

a. the design and the provision by the Owner of any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development, and that financial security has been provided by the Owner to secure same;

b. transportation improvements in the area by the Owner, including signal modifications and/or upgrades, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and that financial security has been provided by the Owner to secure same;

c. the provision of such matters arising from the accepted Transportation Demand Management by the Owner, if required;

d. the provision of an access easement by the Owner in favour of the City in perpetuity, to be registered on title prior to condominium registration, with such access easement to include support rights as applicable, for public pedestrian and vehicular use of the L shaped private driveway with a minimum width of 9.1 metres on the north/south portion and 8.1 metres on the east/west portion, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor; such access easement shall include use associated with the property adjacent to the west (municipally known as 799 York Mills Road) to provide a future pedestrian and vehicular link to York Mills Road and Scarsdale Road;

e. that prior to the first above-grade building permit, the Owner convey to the City, an on-site parkland dedication, having a minimum size of 994 square metres at the southeast corner of the site with frontage on Scarsdale Road, on terms to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, in partial fulfilment of the parkland dedication requirement pursuant to Section 42 of the Planning Act;

f. that prior to the issuance of the first above-grade building permit, the Owner make a cash-in-lieu payment for the residual 97 square metres of the parkland dedication requirement, pursuant to Section 42 of the Planning Act; and

g. the Owner to design and construct the Above Base Park Improvements to the new park, contingent on the provision of a development charge credit against the Parks and Recreation component of the Development Charges.

2. 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 the Development Charges payable for the development in accordance with the City's Development Charges By­-law, as may be amended from time to time.

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

Confidential Appendix A to the report (March 16, 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 (March 16, 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 (March 16, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.