Item - 2022.CC42.12

City Council on April 6 and 7, 2022 adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor, as amended by motion 1 from Councillor Mike Colle.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor, as amended by motion 1 from Councillor Mike Colle.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2022) 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 (March 29, 2022) from the City Solicitor, as amended by motion 1 from Councillor Mike Colle, were adopted by City Council and are now public as follows:

1. City Council direct that, in the event the Ontario Land Tribunal grants the appeals of the subject Official Plan Amendment and Zoning By-law Amendment Applications (File: 20 115845 NNY 08 OZ) (the "Proposed Development") in whole or in part, prior to the issuance of the first above grade building permit for the lands the Proposed Development which City Council has endorsed in principle and is subject to conditions pursuant to its decision made on December 15, 16 and 17, 2021 in respect of Item CC38.8, the Owner shall convey the fee simple interest in the lands located within the subject property that are located below the long-term stable top of slope and within the 10 metre buffer lands abutting the long-term stable top of slope and proposed to be zoned Open Space - Natural (collectively, "the Conservation Lands") to the City for nominal consideration, subject to an easement and/or license interest in favour of the Owner, to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, permitting access to and requiring the maintenance, repair, and replacement of drainage works for the Proposed Development at no cost to the City and at the sole responsibility of the Owner, inclusive of an indemnity from the Owner in favour of the City and insurance, but otherwise the Conservation Lands shall be free and clear of all other encumbrances, to the satisfaction of the to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

2. City Council direct that prior to the registration of the conveyance of the Conservation Lands, the Owner shall undertake the environmental remediation and/or risk assessment of the Conservation Lands at no cost to the City and in accordance with City standards as required by and to the satisfaction of the General Manager, Parks, Forestry and Recreation.

3. In the event the Ontario Land Tribunal grants the appeals, in whole or in part, in respect of the Proposed Development, City Council direct the City Solicitor to prepare, and authorize the Chief Planner and Executive Director, City Planning or their designate to enter into an agreement with the Owner pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning or their designate and the City Solicitor, to secure the following matters as a legal convenience:

a. prior to the issuance of the first above grade building permit for the lands, the Owner shall to convey the fee simple interest in the Conservation Lands to the City for nominal consideration, subject to an easement or license interest in favour of the Owner, to be determined by the Chief Planner and Executive Director, City Planning or their designate, in consultation with the City Solicitor, permitting access to and requiring the maintenance, repair, and replacement of drainage works for the Proposed Development at no cost to the City and at the sole responsibility of the Owner, inclusive of an indemnity from the Owner in favour of the City and insurance, but otherwise the Conservation Lands shall be free and clear of all other encumbrances, to the satisfaction of the to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

b. prior to the registration of the conveyance of the Conservation Lands, the Owner shall undertake the environmental remediation and/or risk assessment of the Conservation Lands at no cost to the City and in accordance with City standards as required by and to the satisfaction of the General Manager, Parks, Forestry and Recreation;

c. prior to the issuance of the first building permit issued for the subject lands, the Owner shall install Stage 1 tree protection hoarding and erosion and sediment control fencing within the Conservation Lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

d. prior to the issuance of the first above grade building permit for the subject lands, the Owner shall provide a ravine stewardship plan for the Conservation Lands and provide financial security in an amount equivalent to 100 percent of the cost to implement the ravine stewardship plan which has been determined to be no less than approximately $130,000 in Canadian funds to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, to secure the implementation of the ravine stewardship plan to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e. prior to final site plan approval in respect of the development proposal, the Owner shall install all required Stage 2 tree protection hoarding within the Conservation Lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

f. prior to the earlier of the registration of the first condominium in respect of any part of the subject property and the first residential use of the subject property, the Owner shall implement the ravine stewardship plan for the Conservation Lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. City Council direct the City Solicitor to attend before the Ontario Land Tribunal in support of the City's positions set out in City Council's decision.

5. City Council direct that all matters related to the Site Plan Control Application (File: 20115847 NNY 08 SA) and the related appeal before the Ontario Land Tribunal remain delegated to the Chief Planner and Executive Director, City Planning or their designate pursuant to Toronto Municipal Code Chapter 415-18.1 and 415-19.

6. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (March 29, 2022) 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 (March 29, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.