Item - 2024.CC18.10

City Council on May 22 and 23, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2024) 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 (May 8, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 8, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information, that is subject to solicitor-client privilege.

4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 14, 2024) from the City Manager.

5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 14, 2024) from the City Manager.

6. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the supplementary report (May 14, 2024) from the City Manager remain confidential in their entirety until such time as Toronto Community Housing Corporation agrees that the confidential information may be disclosed to the public.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2024) 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 May 6, 2024, set out in Confidential Appendix A (the "Settlement Offer") to the report (May 8, 2024) from the City Solicitor.

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 a revised proposal for the lands municipally known as 295 Jarvis Street (the "Lands") that is substantially in accordance with the revised plans attached as Schedule A to the Settlement Offer, subject to the Parts below.

3. City Council require the owner of the Site to construct, provide and maintain full replacement of the gross floor area of the existing dwelling rooms on the Lands as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, and allow the Dwelling Room Replacement Units to be secured as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the terms set out in Schedule B to the Settlement Offer.

4. City Council attribute a value to the in-kind contribution set out in Part 3 above, equal to 100 percent of 4 percent of the value of the land, as determined the day before the day the building permit is issued in respect of the development.

5. City Council authorize the Chief Planner and Executive Director, City Planning, to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 3 above to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

6. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal having been advised by the City Solicitor that:

a. the proposed official plan amendment and zoning by-law amendment(s) are in a final form and content satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning;

b. the owner has entered into Limiting Distance Agreements with the City, and the owners of the properties to the north, east and south of the Lands, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;

c. the Owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has entered into the In-kind Contribution Agreement pursuant to section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 3 above;

e. the Owner has entered into a legal agreement binding the owner and successor owners to secure all other rental housing related matters, including an acceptable Tenant Relocation and Assistance Plan in accordance with the Housing Replacement Terms, in a form satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning;

f. the Owner has provided an Aeronautical Impact Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Chief Building Official and Executive Director, Toronto Building, to ensure that the building height and projections of the development conform to applicable requirements, including Zoning By-law 1432-2017 and Zoning Order 10/24, as these instruments may be amended and/or replaced;

g. the Owner has provided confirmation that the development will be constructed and maintained in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application;

h. the Owner has provided an updated wind study to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the Owner has provided the City and the Ontario Land Tribunal with a withdrawal letter respecting the appeal of Official Plan Amendment 453, and the party status in Official Pan Amendment 82.

7. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 14, 2024) from the City Manager were adopted by City Council and are now public as follows:

1. City Council, in its capacity:

a. as Shareholder of Toronto Community Housing Corporation, pursuant to Section 7.4.1 (c) of the City's Shareholder Direction to Toronto Community Housing Corporation, consent to Toronto Community Housing Corporation proceeding with the strata conveyance of a portion of the air rights above 285-291 Jarvis Street from Toronto Community Housing Corporation to the developer of 295 Jarvis Street, as described in Confidential Attachment 2 to the supplementary report (May 14, 2024) from the City Manager; and

b. as Service Manager under section 161(2) of the Housing Services Act, 2011 ("HSA"), consent to the Strata Conveyance, Limiting Distance Agreement, Reciprocal Development and Construction Agreement, Crane Swing Agreement and Tieback Agreement, as described Confidential Attachment 2 to the supplementary report (May 14, 2024) from the City Manager.

Confidential Appendix A to the report (May 8, 2024) 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 (May 8, 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 (May 8, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the supplementary report (May 14, 2024) from the City Manager remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to ongoing litigation respecting an appeal before the Ontario Land Tribunal, and the disclosure of information that relates to the financial information and interests of Toronto Community Housing Corporation. The balance of Confidential Attachment 1 and Confidential Attachment 2 to the supplementary report (May 14, 2024) from the City Manager will be made public when Toronto Community Housing Corporation agrees that the confidential information may be disclosed to the public.