Item - 2024.CC14.9

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 25, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Parthi Kandavel.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2024) from the City Solicitor, as amended by motion 1 by Councillor Parthi Kandavel.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 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 25, 2024) from the City Solicitor were adopted as amended by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle for the Official Plan and Zoning By-law Amendment appeals dated January 23, 2024, set out in Public Appendix A to the report (January 25, 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 accept an on-site parkland dedication pursuant to section 42 of the Planning Act having a minimum size of 2,015 square metres, in the location generally as shown in Public Appendix A to the report (January 25, 2024) 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; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments; and the Owner may propose the exception of encumbrances of tiebacks, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances 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.

3. City Council authorize the General Manager, Parks, Forestry and Recreation:

a. to enter into the City's standard form agreements, with insurance, release and indemnity and associated 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) and in favor of the City, for tieback installations, construction staging and/or crane swings, if deemed appropriate by the General Manager, Parks, Forestry and Recreation, for the future park; and

b. to determine the timing of the conveyance of the park as part of the Subdivision application process.

4. City Council require a restriction under section 118 of the Land Titles Act be registered on the Lands, or as may be scoped to the lands forming the Parkland, until such time as the Parkland specified in Part 2 above has been conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor.

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. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor with input from the community, to continue discussions, and to report back on the outcome of any proposed agreement with the Owner for:

a. the design and installation of public art on the Site, in consultation with the City and Toronto Public Art Committee and to a total value (including design and administrative costs) of $1 Million, and a Public Art Plan;

b. the design and delivery of a community space, of a size determined through discussions with City Staff and through a review of the City’s Terms of Reference together with resolution of appropriate terms for cost sharing/facilities management; and

c. the potential provision of affordable housing on the lands as an in-kind contribution in accordance with the City's Community Benefits Charge By-law.

7. 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 Official Plan and Zoning By-law Amendments have been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has submitted Site and Area Specific Policies for the Official Plan Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. the Owner has submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

d. the Owner has secured the design and the provision of financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

e. the Owner has provided an addendum to the Transportation Impact Study, dated June 28, 2021, to the satisfaction of the General Manager, Transportation Services;

f. the Owner has submitted a Phasing Plan for the development subject of the Settlement Offer satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the Owner has submitted a Wind Tunnel Study, such report to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the Owner has submitted revised Shadow Study, landscape plans, Soil Volume plan and chart, TGS statistics template and checklist, Streetscape cross sections, to be reviewed with recommendations implemented as part of the amending Official Plan policies and Zoning By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the Owner has submitted a revised compatibility and mitigation study to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. the Owner has submitted a revised Electromagnetic Field study to the satisfaction of the Chief Planner and Executive Director, City Planning;

k. the Owner has submitted a revised Public Utility Plan to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services; and

l. the Owner has entered into an In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act to secure any in-kind contribution referenced in Part 6 above.

8. City Council request the Chief Planner and Executive Director, City Planning to consider, as part of the site plan control process, obtaining a surface pedestrian/cycling public easement or similar agreement to secure a publicly accessible connection along the eastern portion of the site to connect the new development, park and streets with the West Scarborough Rail Trail.

9. 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 (January 25, 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 25, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.