Item - 2024.CC23.12

City Council on November 13 and 14, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor.

3. City Council authorize the public release of Confidential Appendices A, B, C and D to the report (October 31, 2024) from the City Solicitor and Confidential Attachment 2 to the supplementary report (November 12, 2024) from the City Solicitor.

4. City Council direct that Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 12, 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 October 29, 2024 set out in Confidential Appendix A to the report (October 31, 2024) from the City Solicitor, as amended by Confidential Attachment 2 to the supplementary report (November 12, 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 final Order 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 Executive Director, Development Review and the Owner, which shall include Holding conditions as set out in the Settlement Offer;

b. any Official Plan Amendment relief required by the settlement proposal has been approved and is in force and effect or will be in force and effect through the same final order;

c. City Council has considered a final report on the Precinct Plan for the McCleary District provided that such report is issued no later than six (6) months following the issuance of an Interim Order of the Tribunal;

d. the owner has entered into and registered on title an agreement with the City to secure the provision of Affordable Rental Housing, to the satisfaction of the City Solicitor;

e. the owner has provided a revised Pedestrian Level Wind Study including a Wind Tunnel Study, with recommendations implemented as part of the Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Executive Director, Development Review; and

f. to the extent the final order includes an Official Plan Amendment:

i. the Official Plan Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the Owner; and

ii. joint ministerial approval pursuant to the Lower Don Special Policy Area and Lower Don Protocol has been obtained.

3. City Council authorize City staff to accept the conveyance of the lands for the future East-West street and Broadview Avenue extension subject to the City granting a temporary easement in favour of and at no cost to the owners of 685 Lake Shore Boulevard East to utilize such lands until such time as they are required to be dedicated as a public highway, and to secure the terms of such conveyance in a development agreement for the lands, all to the satisfaction of the Executive Director, Development Review.

4. City Council allow the owner of the Site to construct, provide and maintain 6.5 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 4 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 Executive Director, Development Review 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 4 above to the satisfaction of the Executive Director, Development Review and the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, 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 authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A, B, C and D to the report (October 31, 2024) from the City Solicitor and Confidential Attachment 2 to the supplementary report (November 12, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachment 1 to the report (October 31, 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. Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the supplementary report (November 12, 2024) from the City Solicitor remains 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 supplementary report (November 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.