4121 Kingston Road - Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Directions

The confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated June 30, 2023, set out in Confidential Appendix A to the report (July 4, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. If the Ontario Land Tribunal approves the proposed development, City Council approve that the Owner shall convey to the City an on-site parkland dedication, representing a portion of the statutory parkland conveyance, having a minimum size of 719 square metres and located on the southern portion of the site, in accordance with Section 42 of the Planning Act . 3. City Council approve the proposed on-site parkland dedication of approximately 719 square metres to be conveyed as a component of the registration of subdivision, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, and in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order until the City Solicitor has advised that: a. the form and content of the Zoning By-law Amendment, that includes a Holding provision pursuant to section 36 of the Planning Act, that will be lifted when the new public street and servicing internal to the site, and any required external infrastructure, are secured in an agreement, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Owner has addressed the major outstanding issues raised by Engineering and Construction Services in their memo dated June 8, 2021 as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the Owner has conducted downstream storm sewer capacity analysis and overland flow route capacity analysis to justify the alterations to the existing storm drainage patterns as shown on the Conceptual Servicing Plan to the satisfaction of the Executive Director, Engineering and Construction Services; d. Transportation Services has confirmed that the proposed transportation impact, parking and loading are acceptable; e. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review in their memo dated June 8, 2021 as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review and the Owner has submitted a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report and that Tree Preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation; and f. the Owner has addressed the comments from the Toronto Transit Commission in their letter dated June 1, 2021. 5. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A and B to the report (July 4, 2023) 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 (July 4, 2023) 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 (July 4, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.