Item - 2024.CC19.9

City Council on June 26 and 27, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (June 11, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 11, 2024) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 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 31, 2024 set out in Confidential Appendix A to the report (June 11, 2024) from the City Solicitor (the "Settlement Offer").

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on these matters in support of the Settlement Offer and a revised proposal for the lands municipally known as 309 Cherry Street (the "Lands") that is substantially in accordance with the revised plans attached as Confidential Appendix B to the report (June 11, 2024) from the City Solicitor, subject to the Parts below.

3. City Council authorize the City Solicitor and appropriate City Staff to support revisions to Port Lands Official Plan Modifications that remain under appeal for the Lands as necessary to implement the Settlement Offer, including the provision of Affordable Rental Housing on the terms outlined in the Settlement Offer and the provision of cash-in-lieu to satisfy the parkland dedication requirements under Section 42 of the Planning Act.

4. City Council allow the owner of the Site to construct, provide and maintain 5.5 percent of the gross floor area on the Lands as affordable rental housing, to the satisfaction of the Chief Planner and Executive Director, City Planning, and allow the affordable rental housing 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 the Settlement Offer.

5. 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 (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development.

6. 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.

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

a. the Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the Owner, which shall include Holding conditions as set out in the Settlement Offer;

b. confirmation that any Official Plan Amendment relief required by the Settlement Proposal has been approved and is in force and effect;

c. submission of a Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for Site, to the satisfaction of the Senior Manager, Heritage Planning;

d. execution of a Heritage Easement Agreement with the City for Site in accordance with the required Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

e. the owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning.

8. 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 (June 11, 2024) 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 (June 11, 2024) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.