Item - 2018.CC44.21

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (July 13, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 13, 2018) 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 (July 13, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 11, 2018 in Confidential Attachment 2 to the report (July 13, 2018) from the City Solicitor and City Council direct the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal in support of the settlement, subject to the following:

2.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution in the amount of $160,000.00;  such funds to be used by the City for capital facilities within proximity of the site, including local park improvements, local streetscape improvements and improvements to local community facilities, with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; and the improvements will be secured in the Zoning By-law; and

ii.  in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law amendments coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and

b.  the $160,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Apartment Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment; all cash contributions will be payable prior to the issuance of the first above-grade building permit.

3.  City Council direct that as a legal convenience to support the development, if approved by the Local Planning Appeal Tribunal, the Section 37 Agreement will also secure services facilities or matters pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including the rental tenure for the 13 rental replacement units for at least 20 years, rents for the 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 located at 1677-1679 Bathurst Street and 73-75 Elderwood Drive that are proposed to be demolished as part of the development application, and any other related rental matters.

4.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendments until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Official Plan Amendment and 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 rental matters for the rental dwelling units at 1677-1679 Bathurst Street and 73-75 Elderwood Drive, 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 2 and 3 above, and the Section 37 Agreement has been registered on title to the Subject Property; and

c.  City Council has approved Application 16 270465 STE 21 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 13 existing rental dwelling units at 1677-1679 Bathurst Street and 73-75 Elderwood Drive.

5.  City Council defer making a decision at this time on application 16 270465 STE 21 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish the 13 existing rental dwelling units at 1677-1679 Bathurst Street and 73-75 Elderwood Drive and City Council instruct staff to report on the Section 111 Application to the Toronto and East York Community Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 1677-1679 Bathurst Street and 73-75 Elderwood Drive.

Confidential Attachments 2 and 3 to the report (July 13, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 13, 2018) 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 (July 13, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.