Item - 2017.CC34.5

City Council on November 7, 8 and 9, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (October 31, 2017) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendix A to the report (October 31, 2017) from the City Solicitor.

3.  City Council direct that all other information in Confidential Attachment 1 to the report (October 31, 2017) 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 recommendations in Confidential Attachment 1 to the report (October 31, 2017) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated October 30, 2017 as set out in Confidential Attachment 2 to the report (October 31, 2017) from the City Solicitor and direct the City Solicitor and staff to attend the Ontario Municipal Board in support of the revised proposed development.

2.  City Council approve an off-site parkland dedication for a 564 square metre portion of a proposed park at 174-180 Broadway Avenue, as the parkland dedication requirement for the development at 117-127 Broadway Avenue. The parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments to the satisfaction of the General Manager, Parks, Forestry and Recreation.

3.  City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the Owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the above base park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

4.  City Council direct that community benefits under Section 37 of the Planning Act be allocated to secure the following:

a.  a non-profit licensed daycare centre to be located within the proposed development.  The daycare will be constructed, finished, furnished and equipped by the Owner.  The daycare will be designed to the satisfaction of the Chief Planner and Executive Director, City Planning and will accommodate 62 children, including infants, toddlers and preschoolers, generally in accordance with the Child Care Term Sheet, attached as Confidential Appendix A to the report (October 31, 2017) from the City Solicitor.  The daycare shall comprise a minimum of 890 square metres of interior space and 290 square metres of exterior space adjacent to the interior space, including outdoor storage, designed to the satisfaction of the City.  The minimum capacity and size of the daycare facility may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning;

b.  the details of the lease term in respect of the non-profit licensed daycare centre community benefit will be finalized between the Owner and the City substantially in accordance with the City of Toronto's Child Care Term Sheet; and 

c.  the parties shall negotiate a Section 37 Agreement in this regard, which will be registered on title to the property.

5.  The following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Ontario Municipal Board:

a. securing the rental tenure for the 131 rental replacement units for at least 20 years, rents for the affordable and mid-range rental replacement units for at least 10 years, and an acceptable tenant relocation and assistance plan for all eligible tenants within the existing rental buildings at 117 and 127 Broadway Avenue that are proposed to be demolished as part of the development application, and any other related rental matters, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. securing the rental tenure for the rental replacement units for at least 20 years, rents for the affordable and mid-range rental replacement units for at least 10 years, and an acceptable tenant relocation and assistance plan for all eligible their tenants within the existing rental buildings located at 174-180 Broadway Avenue that are proposed to be demolished as part of the off-site parkland dedication, and any other related rental matters, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

c. securing the above base park improvements for the off-site parkland dedication at 174-180 Broadway Avenue, and the development charge credit.

6.  City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its Order on the Zoning By-law amendment until such time that:

a.  the Board has been advised by the City Solicitor that the proposed zoning by-law amendments are in a form satisfactory to the City, including securing the rental replacement units, rents, tenant relocation and assistance plans and any other related rental matters for the rental dwelling units at 117-127 Broadway Avenue and 174-180 Broadway Avenue, and are in conformity with Section 3.2.1.6 of the Official Plan;

b.  the City has received an executed Section 37 Agreement securing the benefits outlined in Parts 4 and 5 above;

c.  City Council has approved the rental housing demolition application 15 233435 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 131 existing rental dwelling units at 117-127 Broadway Avenue;

d.  City Council has approved a rental housing demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the existing rental dwelling units at 174-180 Broadway Avenue; and

e.  the Chief Engineer, Engineering and Construction Services has confirmed water, sanitary and stormwater capacity, and has received a satisfactory Functional Servicing Report.

7.  City Council defer making a decision at this time on application 15 233435 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 131 existing rental dwelling units at 117 Broadway Avenue and instruct staff to report on the Section 111 Application to the Toronto and East York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 117 Broadway Avenue.

8.  City Council defer making a decision on an anticipated application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the existing rental dwelling units at 174-180 Broadway Avenue and instruct staff to report on the Section 111 Application to the North York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 174-180 Broadway Avenue.

The balance of Confidential Attachment 1 to the report (October 31, 2017) 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 (October 31, 2017) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment 2 and Confidential Appendix A to the report (October 31, 2017) from the City Solicitor are now public and can be accessed under Background Information (City Council).