Item - 2017.CC34.7

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

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor.

2. City Council authorize the public release of:

a. the confidential instructions to staff in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (October 30, 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; and

b. Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the without prejudice Settlement Offer dated October 23, 2017 as set out in Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Municipal Board hearing on this matter in support of the Settlement Offer dated October 23, 2017 as set out in Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor.

3.  City Council approve an off-site parkland dedication for a 530 square metre proposed park at 70 to 76 Soudan Avenue as the parkland dedication requirement for the development at 55-65 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.

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

a.  prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a contribution of $2,900,000, either in the form of a non-profit licensed daycare centre to be located within the proposed development or in the form of a cash contribution or other social service facility, to be secured upon such terms and conditions to the satisfaction of the City Solicitor and the Executive Director, City Planning, in consultation with the Ward Councillor.  Any daycare shall be constructed, finished, furnished, and equipped by the Owner and shall be designed generally in accordance with the Child Care Term Sheet to the satisfaction of the Chief Planner and Executive Director, City Planning.  The value of the Section 37 contribution will be indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of Ontario Municipal Board approval to the date the payment is made.

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 130 rental replacement units, rents for the rental replacement units for at least 10 years, and an acceptable tenant relocation and assistance plan for all eligible tenants within the existing rental building that is 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; and

b.  securing the above base improvements for the off-site parkland dedication at 70 to 76 Soudan Avenue, and the development charge credit.

6.  City Council instruct the City Solicitor to request that the Ontario Municipal Board 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, and tenant relocation and assistance plans and any other related matters for the rental dwelling units at 55-65 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 Part 4 above and the matters outlined in Part 5 above; and

c.  City Council has approved the rental housing demolition application File 16 118650 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 130 existing rental dwelling units at 55-65 Broadway Avenue.

7.  City Council defer making a decision at this time on application File 16 118650 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 130 existing rental dwelling units at 55-65 Broadway Avenue and instruct staff to report on the Section 111 Application to Toronto and East York Community Council at such time as the Ontario Municipal Board decision has been issued regarding the Zoning By-law Amendment appeal for such lands and other related matters at 55-65 Broadway Avenue.

The balance of Confidential Attachment 1 to the report (October 30, 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 30, 2017) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).