Item - 2022.CC47.27

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1, and Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

October 12, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1. City Council refuse the Settlement Offer dated July 7, 2022 in Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor.

2. City Council direct the City Solicitor to counter-offer to settle the appeal with the Appellant on the terms set out in the Settlement Offer dated July 7, 2022, subject to the Appellant agreeing to the following:

a. modifications of the proposed Site and Area Specific Policy, as follows, with the remainder of the Site and Area Specific Policy renumbered accordingly:

5. new development containing residential units on the portion of the lands designated Mixed Use Areas will secure a minimum amount of affordable housing as follows:

a. if a condominium development is proposed, a minimum of 7 percent of the total new residential gross floor area shall be secured as affordable ownership housing or a minimum of 5 percent of the total new residential gross floor area shall be secured as affordable rental housing; or

b. if a purpose-built rental development is proposed after 2025, a minimum of 5 percent of the total new residential gross floor area shall be secured as affordable rental housing;

c. in either case, the affordable housing shall be secured at affordable rents or affordable ownership prices for a period of at least 99 years from the date of first residential occupancy of the unit;

d. in either case, the unit mix of the affordable housing shall reflect the market component of the development, as appropriate, to achieve a balanced mix of unit types and sizes and support the creation of affordable housing suitable for families; and

6. provided that a complete application for a Zoning By-law Amendment has not been filed prior to January 1, 2025, the affordable rental housing required in Policy 5.a. will increase by 1.5 percent per year; affordable ownership housing requirements will be set at 1.4 times the affordable rental housing requirements;

7. the provision of affordable housing required by Policy 5 shall be secured through one or more agreements with the City; and

b. upon acceptance of the Settlement Offer by City Council and approval of a final order by the Ontario Land Tribunal resolving Appeal 147 to Official Plan Amendment 231, the Applicant agrees to withdraw Conversion Request 054.

3. If the Appellant accepts the offer referred to in Part 2 above, City Council authorize the City Solicitor to request that the Ontario Land Tribunal modify and partially approve Official Plan Amendment 231 in a manner consistent with the City's offer.

4. If the Appellant accepts the offer referred to in Part 2 above, City Council authorize the City Solicitor to request that Appeal 147 of Official Plan Amendment 231 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231.

5. City Council authorize and direct the City Solicitor to take the necessary action to give effect to Parts 1, 2, 3 and 4 above.

Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.