Item - 2023.CC8.21

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2023) from the City Solicitor.

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 (July 6, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 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 (July 6, 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 June 29, 2023, set out in Confidential Appendix A  to the report (July 6, 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. confirmation that the final form and content of the draft Official Plan and Zoning By-law Amendment are to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

b. the Owner has submitted updated reports confirming adequate water, sanitary and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water or the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water have determined that no holding provisions are required in the Zoning By-law Amendment(s), as amended;

c. in the event the updated servicing reports require upgrades to the servicing or functional items above, the owner shall enter into agreement(s) for the construction of any such improvements to such services, as required, at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d. the Owner has submitted a revised Travel 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;

e. the Owner has incorporated the design of the cycle-track along Sheppard Avenue East as part the Sheppard avenue East Complete Street project to the satisfaction of the Manager, Transportation Development Planning and Review;

f. the Owner has resolved transportation-related matters including an updated Traffic Impact Study report to reassess the proposed driveway access points to the satisfaction of the Manager, Transportation Development Planning and Review;

g. the Owner has addressed all outstanding issues raised in the Urban Forestry, Tree Protection and Plan Review memo as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

h. the Owner has submitted a complete Wind Impact Study that provides the necessary details to evaluate the proposed wind conditions at the pedestrian level, acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning.

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 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 Appendices A and B to the report (July 6, 2023) 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 (July 6, 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 (July 6, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.