Item - 2023.CC7.11

City Council on June 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 31, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 31, 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 (May 31, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the With Prejudice Offer to Settle dated May 29, 2023 as set out in Public Attachment 1 to the report (May 31, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. 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 final form and content of the Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has provided a Functional Servicing Report, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing Report and Stormwater Management Report, Foundation Drainage Report, and Hydrogeological Review, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d. the implementation of the Functional Servicing Report, Groundwater Report, Stormwater Management Report and Hydrogeological Report, including the Foundation Drainage Report, accepted by Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, does not require changes to the proposed amending by­law or any such required changes have been made to the proposed amending by-law to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor;

e. the Owner has submitted a revised Traffic Impact Study which includes Travel Demand Management measures acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that matters arising from the Study be secured if required and/or provided for in the Zoning By-law Amendment, including the appropriate parking ratios for the development;

f. the Owner has submitted updated Functional Road Plans, including pavement marking and signage plans, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the Owner has submitted a Phasing Plan to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning;

h. the Owner has submitted an updated Rail Safety Report to the satisfaction of the Chief Planner and Executive Director, City Planning, and further the Owner's solicitor has confirmed to the City Solicitor that the Owner agrees to a condition of draft plan of subdivision approval to incorporate the mitigation measures outlined in the Rail Safety Report as part of the final development; and

i. the Owner has submitted an updated Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and further, the Owner's solicitor has confirmed to the City Solicitor that the Owner agrees to a condition of draft plan of subdivision approval to incorporate the mitigation measures outlined in the Pedestrian Level Wind Study as part of the final development. For clarity, such mitigation measures shall not extend to changes to the building envelope, but may include mitigation measures such as chamfered corners, inset building entrances, or the like, and any other mitigation measures recommended by the wind consultant that would normally be addressed as part of the site plan control application.

3. City Council accept two (2) on-site parkland dedications pursuant to Section 42 of the Planning Act, one having a minimum size of 1,225 square metres within the northern portion of the site (Phase 2; the "North Parkland") and one having a minimum size of 1,319 square metres within the southern limit of the site (Phase 3; the "South Parkland"), generally as shown on Site Plan RZ102 in Public Attachment 1 to the report (March 22, 2023) from the City Solicitor, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition; the North Parkland shall be conveyed with Base and Above Base Park Improvements; the South Parkland shall be conveyed with Base Park Improvements.

4. 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 for the Parkland 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.

5. City Council authorize that the remaining 107 square metres of the parkland dedication requirement, pursuant to Section 42 of the Planning Act, shall be satisfied through a cash-in-lieu of parkland payment, and that the remaining Above Five Percent (5 percent) of these funds may be allocated towards above base park improvements for the North Parkland to be dedicated as part of the subject application, at the discretion of Parks, Forestry and Recreation Division to secure appropriate Parks programming. The cash-in-lieu payment for the remaining 107 square metres of the parkland dedication requirement shall be made prior to the issuance of the first above grade building permit on site.

6. The North Parkland shall be conveyed to the City prior to the issuance of the first Above Grade Building Permit for Phase 1 unless, prior to the issuance of any above-grade building permit for each building in Phase 1, including any conditional above-grade building permits, the Owner has:

a. as above-grade building permits for each building in Phase 1 are requested, posted Financial Security in the form of Letters of Credit in the amount of the value of the Parkland owed on permit issuance for each building in Phase 1, as appraised by the Executive Director, Corporate Real Estate Management in a form satisfactory to the City, and such security shall not be released until the North Parkland has been conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation. From the date the Financial Security is first paid to the City until such time as the Phase 2 Parkland is conveyed to the City, the Financial Security shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

b. registered in priority a Section 118 Restriction on title to the North Parkland, pursuant to the Land Titles Act against title to the parkland to be conveyed to the City, that prohibits the transfer or charge of the North Parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor.

7. Prior to the issuance of the first Above Grade Building Permit for Phase 1, including any conditional above-grade building permits, the Owner shall register in priority a Section 118 Restriction on title to the South Parkland, pursuant to the Land Titles Act against title to the parkland to be conveyed to the City, that prohibits the transfer or charge of the South Parkland without the prior written consent of the General Manager, Parks, Forestry and Recreation, to the satisfaction of the City Solicitor.

8. The North and South Parkland shall be completed and conveyed to the City with all agreed to Base and/or Above Base Park Improvements within 3 years from the date of the issuance of the first above grade building permit for the applicable Phase (i.e., Phase 2 for the North Park and Phase 4 for the South Park)

9. City Council direct the Director, Traffic Management, Transportation Services, upon application for site plan approval, to work with the Owner to establish a Construction Liaison Committee that meets monthly, and invites local stakeholders, including Municipal Licensing and Standards, adjacent neighbours, local resident groups, local Businesss and local school administration, Toronto Building and other City Divisions as requested

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

The balance of Confidential Attachment 1 to the report (May 31, 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 (May 31, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.