Item - 2023.CC13.18

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 30, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 30, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 30, 2023) 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 (November 30, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer dated November 28, 2023 set out in Confidential Appendix A (the "Settlement Offer") to the report (November 30, 2023) from the City Solicitor and support a revised proposal that is substantially in accordance with the Revised Plans attached to the Settlement Offer, subject to the recommendations below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer and Revised Plans.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment and Official Plan Amendment until the City Solicitor has advised that:

a. the Zoning By-law Amendment and Official Plan Amendment are in final form and content, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

b. the owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents;

c. the owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. City Council has approved the Rental Housing Demolition Application 21 238874 STE 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision;

e. the owner has entered into a Heritage Easement Agreement with the City for the properties at 47, 49, 51, 53, 55, 57, 59, 63, 65 Huntley Street; 1, 3, 7, 9, 11 Selby Street and 16, 18 Linden Street substantially in accordance with the plans and drawings dated October 24, 2023, prepared by IBI group Architects and the Heritage Impact Assessment dated November 14, 2023 prepared by ERA Architects Inc., subject to and in accordance with the Conservation Plan required in Part 3.f. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

f. the owner has provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 47, 49, 51, 53, 55, 57, 59, 63, 65 Huntley Street; 1, 3, 7, 9, 11 Selby Street and 16, 18 Linden Street dated November 14, 2023 prepared by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning;

g. the owner has submitted a revised pedestrian level wind study, including the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment; and

i. the Owner has entered into an agreement to purchase the public lane bisecting the site from the City, conditional upon City Council approving the permanent closure of the Lane, and subject to the necessary approvals being granted by the appropriate City authorities to declare the Lane surplus and authorize the sale of the Lane to the Owner, all to the satisfaction of the City Solicitor and the Director, Real Estate Services.

4. In the event the Ontario Land Tribunal approves the proposed development, City Council accept that in accordance with Section 42 of the Planning Act and prior to the issuance of first above grade building permit for the west tower, the Owner shall convey to the City an on-site parkland dedication having a minimum size of 495 square metres, to be combined with an approximately 45 square metre portion of an existing City-owned public lane for a total park size of approximately 540 square metres, to the satisfaction of General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, 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.

6. 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.

7.  City Council authorize the City Solicitor and City staff to take any necessary actions to implement City Council's decision.

Confidential Appendix A to the report (November 30, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (November 30, 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 (November 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.