Item - 2019.CC12.3

City Council on November 26 and 27, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor.

3.  City Council authorize the public release of Confidential Attachments 2 and 3 to the report (November 19, 2019) from the City Solicitor.

4.  City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) 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 instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated November 13, 2019, in Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor and as generally shown on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor, subject to Parts 2 to 6 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated November 13, 2019, in Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor and as generally shown on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor.

3.  City Council accept an on-site parkland dedication of 1,205 square metres, in satisfaction of the Applicants' required parkland contribution pursuant to Section 42 of the Planning Act, which shall be located in the southwest corner of the site as generally shown on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor; the final location and configuration of the on-site parkland shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation; and the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4.  City Council approve a development charge credit against the Parks and Recreation component of the development charges owed in relation to the proposed development for the design and construction by the Applicants 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 Applicant 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.

5.  City Council authorize the City Solicitor to enter into an agreement with the Applicants pursuant to Section 37 of the Planning Act securing the community benefits set out in the Settlement Offer dated November 13, 2019, in Confidential Attachment 2 to the report (November 19, 2019) from the City Solicitor; the Section 37 agreement shall secure the following:

a.  the following matters shall be secured as community benefits:

i.  a cash contribution of $2,100,000 to be paid by the Applicants to the City and which shall be allocated to local parks and community facility improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to be payable as follows:

A.  $900,000 to be payable prior to the issuance of the first above-grade building permit for the building labelled "Building A" on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor; and

B.  $1,200,000 to be payable prior to the issuance of the first above-grade building permit for the building labelled "Building B" on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor;

ii.  the $2,100,000 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment; and

iii.  the provision by the Applicant of ten (10) one-bedroom affordable rental dwelling units to be located in Building A or B; the affordable rental dwelling units will be rented at affordable rents as defined in the Official Plan; the average unit size of the affordable rental dwelling units will be at least the same as the average unit size of the proposed one-bedroom market units; the affordable rental dwelling units shall be provided in contiguous (vertically and/or horizontally) groups of at least six (6) dwelling units; the ten (10) units shall remain as rental units for a minimum of twenty (20) years, and shall remain as affordable rental units for at least the first fifteen (15) years of the minimum twenty (20) year rental tenure; and all of the above shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b.  the following matters shall be secured as a matter of legal convenience:

i.  the Applicant shall continue to provide and maintain the existing 287 residential dwelling units in the existing apartment building labelled as "Building C" on the Revised Plans dated November 1, 2019, in Confidential Attachment 3 to the report (November 19, 2019) from the City Solicitor as rental housing for a period of at least twenty (20) years; the Applicant shall also provide and maintain all existing and new associated facilities and amenities related to Building C for that same period; the period of twenty (20) years referenced above shall commence from the date of the Zoning By-laws associated with the development coming into full force and effect; during the twenty (20) year period, no applications for demolition or conversion from the residential rental use is permitted; and all the above shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

ii.  the Applicant shall provide improvements to Building C and its associated amenities, with no pass-through to the existing tenants; these improvements shall include: the renovation of the lobby lounge; refinishing and painting the indoor swimming pool; renovating the pool change rooms; addition of outdoor seating area; addition of bicycle racks; relocating the existing outdoor waste storage areas indoors; and improving the outdoor amenity areas and pedestrian walkways, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii.  the Applicant shall provide a construction mitigation plan and tenant communication strategy to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv.  the Applicant shall construct and maintain the proposed development in accordance with the Tier 1 performance measure of the Toronto Green Standards;

v.  the Applicant shall provide a minimum of ten percent of the new dwelling units constructed in the development as units containing three or more bedrooms; and

vi.  the Applicant shall construct and convey to the City a new 14 metre north-south public street running along the west lot line of the subject property and connecting to Playfair Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor.

6.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Zmendment and draft plan of subdivision applications until such time as it has been advised by the City Solicitor that:

a.  the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the Applicant has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits and matters outlined in Part 5, above, and the Agreement has been executed and registered on title to the lands, all to the satisfaction of the City Solicitor;

c.  all engineering matters, including submission of a revised Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d.  the Applicant has entered into an agreement or agreements securing the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water;

e.  the Applicant has submitted a revised Functional Design Plan for the proposed north-south public road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the owner has submitted a revised draft plan of subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g.  a list of draft plan of subdivision conditions has been prepared in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and the Applicant has entered into a subdivision agreement with the City to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the Director, Community Planning, North York District and the City Solicitor.

Confidential Attachments 2 and 3 to the report (November 19, 2019) 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 19, 2019) 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 (November 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.