Item - 2015.TE5.79

City Council on May 5, 6 and 7, 2015, adopted the following:

1.  City Council authorize the City Solicitor, together with appropriate staff, to attend the Ontario Municipal Board hearing in support of the applicant’s appeal respecting the zoning by-law amendment application for 175-191 Dundas Street East and 235 Jarvis Street (File No. 14 208177 STE 27 OZ) for the following reasons:

a.  the proposal conforms with the Official Plan and the direction of the recently adopted policies of the Downtown East Planning Study;

b.  appropriate Section 37 benefits have been secured, including the provision of additional affordable housing and a comprehensive tenant assistance and relocation package; and

c.  the proposal is consistent with applicable policies in the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe and represents good planning.

2.  City Council support this application on the condition that the Owner enter into a Section 37 Agreement wherein the Owner agrees to provide at the Owner's expense the following services, facilities and matters pursuant to Section 37 of the Planning Act and enter into a Section 37 agreement to secure these conditions:

a.  The Owner shall provide additional tenant relocation assistance beyond the requirements of the Residential Tenancies Act as generally outlined in the attached Schedule and as more specifically outlined in the Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.

b.  The Owner shall use all reasonable efforts to secure and convey to the City a mutually acceptable property at nominal consideration. At the owner's expense, the following cost will be included in the conveyance of this property:

i.  all closing costs, including but not limited to, transfer tax, registration fees;

ii.  all costs of obtaining a building condition assessment and a Phase 1 environmental study; and

iii.  a cost estimate, satisfactory to the City's Chief Planner and Executive Director, City Planning, in consultation with the Director, Affordable Housing Office for any needed renovations or major repairs to bring the building up to industry standards for the purpose of providing a residential property to be operated by a non-profit housing provider to be selected by the City.

c.  The Owner shall undertake at the owner's expense all needed renovation and repairs to bring the building up to industry standards as identified within the provided cost estimate outlined in Part 2.b.iii.above.

d.  The Owner shall provide an up-to-date survey of the property, satisfactory to the City, the property shall be legally zoned for multi-residential use at the time of closing, and the property shall be free and clear of encumbrances, to the satisfaction of the City Solicitor.

e.  The Owner shall provide the City or the non-profit housing provider selected by the City with a cash contribution equal to 2 years of estimated operating expenses to support the operations of the property following conveyance by the Owner on mutually agreeable terms. 

f.  The City and Owner agree to work in good faith to finalize all such arrangements. Any resulting agreements, including the Agreement of Purchase and Sale, will be in a form and with content satisfactory to the City Solicitor in consultation with the Director, Affordable Housing Office and the Chief Planner and Executive Director, City Planning.

g.  In the event that the City and Owner are unable to finalize the conveyance of a property as outlined in Part 2 above prior to the issuance of the first above-grade permit for the development of the subject site, the Owner shall pay to the City a financial contribution in the amount of $3,750,000 (less any amounts paid by the Owner pursuant to the additional tenant relocation assistance provisions outlined in Part 2.a. above or the tenant compensation required under the Residential Tenancy Act) prior to the issuance of the first above-grade building permit to be directed by the City for one or more of the following:

i.  completion of the Tenant Relocation and Assistance Plan;

ii.  creation of new affordable housing;

iii.  creation of new community space; and

iv.  capital improvements for existing City-owned facilities in the immediate area.

h.  The owner will maintain the tenancies of any existing tenants and provide all related information to the satisfaction of the Chief Planner and Executive Director, City Planning.

i.  The cash amount identified in Part 1.f. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of funds by the Owner to the City.

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

4.  City Council authorize the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and other City staff to take the necessary steps to implement Council's decision.