Item - 2024.CC14.5

City Council on February 6 and 7, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Jaye Robinson.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 24, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Jaye Robinson, and Confidential Appendix A to the report (January 24, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 24, 2024) 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 (January 24, 2024) from the City Solicitor were adopted as amended by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated January 23, 2024 set out in Confidential Appendix A to the report (January 24, 2024) 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 direct the City Solicitor to consent to the Applicant asking the Ontario Land Tribunal to expand the site of the application to include the lands at 391 Broadway Avenue, and provide expanded notice as necessary.

3. Provided the Ontario Land Tribunal allows the applicant to expand the site of the application, City Council approve that in accordance with section 42 of the Planning Act, an on-site parkland dedication, prior to the First Above Grade Building Permit, to be located on the lands at 391 Broadway Avenue to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. 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.

5. 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.

6. In the event the Ontario Land Tribunal does not permit the Owner to expand the Site to include the lands at 391 Broadway Avenue, the Parkland Dedication shall be fulfilled as a Cash-in-Lieu Payment, with payment required prior to the issuance of the first above grade building permit.

7. Prior to Site Plan Approval, the Owner shall work with the City’s Urban Forestry department to provide, along the Glazebrook Avenue frontage, a double row of trees (one row of street trees and one row of trees on site) as well as a row of street trees along the Bayview frontage, all to the satisfaction of the City's Urban Forestry Department.

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

Confidential Appendix A to the report (January 24, 2024) 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 (January 24, 2024) 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 (January 24, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.