Item - 2024.CC21.4

City Council on September 5, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Amber Morley.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (August 22, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Amber Morley, and Confidential Appendix A to the report (August 22, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (August 22, 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 (August 22, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Amber Morley, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated August 22, 2024, set out in Confidential Appendix A to the report (August 22, 2024) from the City Solicitor (the "Settlement Offer") for the lands municipally known as 4195 Dundas Street West and 556, 558, 560, 562, and 564 Prince Edward Drive North (the "Site").

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer.

3. City Council approve the acceptance of an on-site parkland dedication having a minimum size of 1,134 square metres with frontage on Prince Edward Drive in satisfaction of the applicant’s required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer; the on-site parkland dedication to be conveyed to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above grade building permit, in an acceptable environmental condition, and constructed to base park condition at no cost to the City, all in accordance with all the applicable City policies dealing with the acquisition of lands for park purposes as a condition of development approval, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. In the event that the owner of the Site (the "Owner") elects to construct the Above Base Park Improvements, City Council approve a development charge credit against the Parks and Recreation component of the City 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 the City Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

5. Should it be determined prior to the issuance of the Ontario Land Tribunal’s Order that upgrades are required to 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 a 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 a 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 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.

6. City Council instruct the City Solicitor to request that the Ontario Land Tribunal withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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

b. the Owner has provided a revised Functional Servicing Report, Servicing Groundwater Summary Form, Hydrological Review Summary Form, a revised Hydrological Report, and a Foundation Drainage Summary Form, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has provided a revised Transportation Impact Study and a Transportation Demand Management Plan and all requested revisions to the study, to the satisfaction to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning;

d. the Owner has made satisfactory arrangements with the City and has entered into the appropriate agreements 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 the development, according to the accepted Functional Servicing Report, Stormwater Management Report and accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the Traffic Impact Study accepted by the General Manager, Transportation Services;

e. the Owner has provided a revised Pedestrian Level Wind Study, including wind tunnel test, revised Block Context Plan, and revised Planning Rationale to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the Owner has addressed all the outstanding issues related to tree protection, injury and removals, tree planting and Toronto Green Standard raised by Urban Forestry, Tree Protection and Plan Review, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

g. the Owner has provided a Toronto Green Standard Checklist and Statistics to the satisfaction of the Chief Planner and Executive Director, City Planning; and

h. the Owner has satisfied the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding signage and warning clause.

i. the Owner has retained a consultant archaeologist, licensed by the Ministry of Citizenship and Multiculturalism, under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended), to carry out a Stage 2 archaeological resource assessment of the property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found (Stage 3-4) to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the submitted Noise and Vibration Feasibility Study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning.

7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and the General Manager, Transportation Services, to commence discussions with the owner for an in-kind Community Benefit Charge contribution for public realm improvements on the west side of Prince Edward Drive North, south of Dundas Street West, and to report back to City Council on the outcome of any proposed agreement for an in-kind contribution.

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

Confidential Appendix A to the report (August 22, 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 (August 22, 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 (August 22, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.