Item - 2019.CC1.20

City Council on December 4, 5 and 13, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (November 29, 2018) 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 1 to the report (November 29, 2018) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (November 29, 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 12, 2018 and City Council direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in support of the revised proposed development.

2.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure a minimum of $2,350,000.00 of services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner and Executive Director, City Planning Division, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

3.  The following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Local Planning Appeal Tribunal:

a.  securing the rental tenure for the 20 rental replacement units for at least 20 years, rents for the affordable and midrange 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.

4.  City Council direct that the parkland dedication requirement be satisfied by an off-site dedication within the Midtown in Focus area;  the payment of cash-in-lieu of parkland dedication may be considered at the sole discretion of the General Manager, Parks, Forestry and Recreation at the time of the application for the first above-grade building permit if no off-site parkland dedication has been acquired.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time that:

a.  the Local Planning Appeal Tribunal 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 rental matters for the 20 rental dwelling units to be demolished at 75 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 2 above and the matters outlined in Part 3 above;

c.  City Council has approved the rental housing demolition application 17 150328 STE 22 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish 20 of the existing rental dwelling units at 75 Broadway Avenue;

d.  the owner submits, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services, a revised Functional Servicing Report; and

e.  the owner provides confirmation of water, sanitary and stormwater capacity to the satisfaction of the Executive Director, Engineering and Construction Services, or the determination of whether a holding provision is required in the Zoning By-law amendment.

6.  City Council defer making a decision at this time on Application 17 150328 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 20 existing rental dwelling units at 75 Broadway Avenue and instruct staff to report on the Section 111 Application to Toronto and East York Community Council at such time as a Local Planning Appeal Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for such lands at 75 Broadway Avenue.

Confidential Attachment 2 and Confidential Appendix 1 to the report (November 29, 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 (November 29, 2018) remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.