Item - 2024.DM24.1

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 (October 31, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (October 31, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 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 (October 31, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the October 2024 Without Prejudice Proposal to revise the original approval from Adam J. Brown, Brown Dryer, dated October 29, 2024 and set out in Confidential Appendix A to the report (October 31, 2024) from the City Solicitor.

2. City Council authorize the City Solicitor to support the applicant/appellant’s request to the Ontario Land Tribunal to revise components of the original Zoning By-law Amendment and Official Plan Amendment approval, substantially as set out in Confidential Appendices B and C to the report (October 31, 2024) from the City Solicitor.

3. Should the Ontario Land Tribunal agree to the requested revisions, City Council instruct the City Solicitor not to request issuing its Final Order on the revised Zoning By-law Amendment and Official Plan Amendment until the City Solicitor has advised that the owner has entered into an Amending Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement registered on title to 4800 Yonge Street, in a manner satisfactory to the City Solicitor, to secure the matters as set out in the October 2024 Without Prejudice Proposal.

4. City Council authorize the entering into of an Amending Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor to implement the revisions to the original approval as contemplated in the October 2024 Without Prejudice Proposal.

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

Confidential Appendices A, B and C to the report (October 31, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (October 31, 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 (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.