Item - 2024.CC24.15

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

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 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 (December 9, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 9, 2024) from the City Solicitor remain confidential, as it contains advice that is subject to litigation and solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (December 9, 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 December 5, 2024 set out in Public Appendix A o the report (December 9, 2024) from the City Solicitor, and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. Should the Ontario Land Tribunal allow the appeal of the Official Plan and Zoning By-law Amendment Application, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final forms of the Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate Holding (H) Provisions;

b. the Owner has, at the Owner's expense:

i. addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application, including providing for an appropriate legal arrangement for the provision of Foresters Lane as either a stratified public road or a private road with a public surface easement, at the discretion of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Executive Director, Development Review;

iii. 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;

iv. 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;

v. 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

vi. addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

3. City Council require the Owner to submit a phasing plan, in a form acceptable to the Executive Director, Development Review, 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, and the City Solicitor; City Council require that phasing regulations be provided in the final form of the Zoning By-law Amendment, if deemed necessary by the Executive Director, Development Review and the City Solicitor; and City Council require that any appropriate agreement be entered into to provide for the orderly development of the lands, to the satisfaction of the Executive Director, Development Review and the City Solicitor.

4. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act, having a minimum size of 1,320 square metres (the "Required Parkland Dedication") 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, and such on-site parkland dedication to be conveyed to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition; the parkland shall be conveyed to the City prior to the issuance of the first Above Grade Building Permit for the first phase of development of the Property, to the satisfaction of the General Manager, Parks, Forestry and Recreation; if the Owner requires the Require Parkland Dedication for construction staging purposes following conveyance of the lands to the City, the Owner shall enter into an agreement with the City on terms satisfactory to the General Manager, Parks, Forestry Recreation, save and except for the payment of any occupancy fees, as agreed upon and acknowledged by the Owner and the City; the agreement shall stipulate that use of the Required Parkland Dedication for construction staging purposes shall occur for no more than 48 months after conveyance, unless otherwise approved by the General Manager, Parks, Forestry and Recreation.

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 Above Base Park Improvements to the Parkland, 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 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 authorize the City Solicitor and necessary City staff to take such other necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (December 9, 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 litigation and solicitor-client privilege.