Item - 2024.CC17.5

City Council on April 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 5, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 5, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 5, 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.

4. City Council request the Mayor to consider allocating any Community Benefit Charge funds collected from this development to public realm improvements or recreational facilities within Ward 5 - York South-Weston through the annual budget process immediately following the payment of the funds to the City.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 5, 2024) 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 April 5, 2024 set out in Public Appendix A to the report (April 5, 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 authorize the City Solicitor to take all necessary actions to implement City Council's decision.

3. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. the form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

c. the owner has submitted a revised Hydrological Review Report, Servicing Report Groundwater Summary Form and Hydrological Review Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the Zoning By-law and/or secured in a development agreement to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has submitted revised drawings illustrating the conveyance of lands required by the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

f. the owner has submitted revised Noise and Vibration Feasibility Study and a Rail Safety Study, to be peer reviewed by consultants retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner shall, at the owner's own expense, initiate the Metrolinx Deviation Process with Metrolinx and Metrolinx's Technical Advisor AECOM, and the owner has submitted requested information and makes required revisions noted in correspondence, dated July 17, 2023, from Metrolinx, to the satisfaction of the Manager, Technical Review, Metrolinx;

h. the owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

i. the owner makes satisfactory arrangements with Engineering and Construction Services and enters into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and Traffic Impact Study accepted by the General Manager, Transportation Services;

j. the owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated July 6, 2023, including the need for an updated Arborist Report and Landscape Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation;

k. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning; and

l. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that the Holding Provision be included in the final form of the site-specific Zoning By-law Amendment, and the Holding Provision not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

4.  In the event that the Ontario Land Tribunal allows the appeal in whole or in part:

a. City Council direct that eight hundred and eighty (880) square meters of parkland dedication is provided on-site pursuant to Section 42 of the Planning Act and be conveyed to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, and constructed to base park condition at no cost to the City, all to the satisfaction of the General Manager, Parks, Forestry and Recreation;
 

b. in the event that the owner elects to construct Above Base Park Improvements, City Council approve a development charge credit against the Parks and Recreation Component of the City Development Charge 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 the City Development Charge payable for the development in accordance with the City’s Development Charges By-law as may be amended from time to time; and

c. City Council authorize that any remaining parkland dedication requirement pursuant to Section 42 of the Planning Act, shall be satisfied through a cash-in-lieu of parkland payment; the cash-in-lieu payment for any remaining parkland dedication requirement shall be made prior to the issuance of the first above grade building permit for the site.

The balance of Confidential Attachment 1 to the report (April 5, 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 (April 5, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.