Item - 2024.CC16.9

City Council on March 20 and 21, 2024, adopted the following:

1. City Council rescind its decision on Item 2023.NY7.7 headed "123 Wynford Drive - Official Plan and Zoning By-law Amendment Application - Appeal Report".

2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor.

4. City Council direct that the balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the Ontario Land Tribunal hearing to oppose the Official Plan and Zoning By-law Amendment application in its revised form for the property at 123 Wynford Drive.

2. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in this report and the Request for Direction Report dated August 15, 2023, and to report back to City Council on the outcome of discussions, if necessary.

3. Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold its Order approving the application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan and Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and City Solicitor;

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services regarding this proposal in its memorandum dated May 23, 2023, or as that memorandum may be updated, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the owner has at its sole expense provided a revised Traffic Impact Study, including:

i. acceptable Transportation Demand Measures which plans shall satisfy the Toronto Green Standard AQ 1.1;

ii. a sight line study to support the proposed driveway location; and

iii. the adequacy of the pick-up and drop-off supply, traffic impacts to the road network and recommended mitigation measures to address any impacts;

all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

d. the owner has at its sole expense provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

e. the owner has at its sole expense designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, 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;

f. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

g. the owner has provided, to the City and the Toronto and Region Conservation Authority, landscape and stewardship plans, to the satisfaction of the Toronto and Region Conservation Authority and the Supervisor, Tree Protection and Plan Review.

4. Should the Ontario Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code.

5. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation privilege.