Item - 2024.CC22.9

City Council on October 9 and 10, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 24, 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 (September 24, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 24, 2024) 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 (September 24, 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 September 19, 2024, set out in Confidential Appendix A to the report (September 24, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

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

b. 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, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment;

c. in the event that improvements or upgrades and/or new infrastructure are required to support the development, the owner has entered into agreement(s) for the construction of any such improvements to such services, as required, at no cost to the City and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has resolved matters related to the Pompadour Lane widening, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has entered into a Heritage Easement Agreement with the City for the property at 296-300 King Street East and 56-60 Berkeley Street substantially in accordance with plans and drawings prepared by architects Alliance, dated June 27, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated November 5, 2021, revised July 2, 2024, subject to and in accordance with the approved Conservation Plan required in Part 2.f. below, all 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 provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation and demolition/reconstruction strategies set out in the Heritage Impact Assessment prepared by ERA Architects Inc. dated November 5, 2021, and updated and re-issued July 2, 2024 to the satisfaction of the Senior Manager, Heritage Planning;

g. the owner has secured an acceptable Tenant Relocation and Assistance Plan in accordance with Official Plan Policy 3.2.1.12 for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval;

h. the owner has provided an undertaking or agreement to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Part 2.g. above;

i. the owner has resolved its appeals of the King Parliament Secondary Plan (OPA 525) Ontario Land Tribunal Files OLT-21-001024 and OLT-21-001041, respectively (lead Case File OLT-21-001024) in accordance with the May 8, 2023 Ontario Land Tribunal Order to the satisfaction of the City Solicitor; and

j. 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.

3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (September 24, 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 (September 24, 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 (September 24, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.