Item - 2019.CC8.11

City Council on June 18 and 19, 2019, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 17, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (June 17, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (June 17, 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 recommendations in Confidential Attachment 1 to the report (June 17, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated June 17, 2019 in Public Appendices A and B to the report (June 17, 2019) from the City Solicitor, City Council having also accepted the Settlement Offer as it relates to 110, 114 and 120 Broadway Avenue, which is described and analyzed in Item CC8.10.

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 proposed development for 100 Broadway and 223-233 Redpath Avenue, set out in the Settlement Offer dated June 17, 2019 in Public Appendices A and B to the report (June 17, 2019) from the City Solicitor.

3.  City Council approve an off-site parkland dedication for a 148 square metre portion of a proposed park at 174 and 180 Broadway Avenue, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act for 100 Broadway Avenue, 223 and 225 Redpath Avenue, with the final location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;  the off-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 accept an off-site parkland dedication of 92.3 square metres at 100 Broadway Avenue, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act for 227-233 Redpath Avenue, generally as shown in Public Attachment B to the report (June 17, 2019) from the City Solicitor, with the final location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;  the off-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.

5.  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.

6.  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 of $1,750,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development and to be allocated toward community services and facilities, local parkland acquisition and improvements, and/or public realm improvements within the vicinity of the subject property, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  the $1,750,000.00 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit; and

iii.  in the event the cash contribution referred to in Part 6.a.i. above has not been used for the determined purpose within three years of the amending Zoning By-law 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 the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and

b.  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:

i.  the above base park improvements for the off-site parkland dedications referred in Parts 3 and 4 above, along with the development charge credit referred to in Part 5 above;

ii.  the rental tenure for the 64 rental replacement units located at 100 Broadway Avenue and 223-233 Redpath Avenue 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 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;

iii.  the rental tenure for the 260 replacement rental dwelling units located at 174, 180, 110, 114, 120 and 117-127 Broadway Avenue for at least 20 years, rents for the affordable and mid-range replacement units for at least 10 years, and an acceptable tenant relocation and assistance plan for all eligible tenants within the existing rental buildings that are proposed to be demolished as part of the off-site parkland dedication at 174 and 180 Broadway Avenue, and related development applications at the remainder of the listed addresses, and any other related rental matters, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iv.  a privately owned publicly accessible open space of not less than 122 square metres, as generally shown in Public Appendix B to the report (June 17, 2019) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the Owner shall convey to the City, for nominal consideration, an easement along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open space; and the Owner shall own, operate, maintain and repair the privately owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City.

7.  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 as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  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 100, 110, 114, 120, 117-127, 174 and 180 Broadway Avenue and 223-233 Redpath Avenue, and are in conformity with Section 3.2.1.6 of the Official Plan;

b.  City Council has approved the rental housing demolition applications 15 231391 NNY 25 RH (100 Broadway Avenue), 19 142275 NNY 15 RH (223-233 Redpath Avenue), 17 218847 NNY 25 RH (110-120 Broadway Avenue) and 15 233435 STE 22 RH (117-127 Broadway Avenue) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006;

c.  the City has received an executed Section 37 Agreement securing the benefits outlined in Part 6 above and the Section 37 Agreement has been registered on title to the Subject Property;

d.  the Chief Engineer and Executive Director, Engineering and Construction Services has confirmed water, sanitary and stormwater capacity, and has received a satisfactory Functional Servicing Report, Storm Water Management Report, and Hydrogeological Report to the satisfaction of the Environmental Monitoring and Protection Unit of Toronto Water;

e.  the General Manager, Transportation Services has received a satisfactory Transportation Impact Study and Transportation Demand Management Report; and

f.  the Chief Planner and Executive Director, City Planning has received a satisfactory Pedestrian Wind Study, Shadow Study, Toronto Green Standards Checklist; Urban Design Brief and a full Architectural package including, site plan, landscape plans, elevations, sections and floor plans.

8.  City Council defer making a decision at this time on application 15 231391 NNY 25 RH (100 Broadway Avenue) and 19 142275 NNY 15 RH (223-233 Redpath Avenue) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 64 existing rental dwelling units at 100 Broadway Avenue and 223-233 Redpath Avenue and instruct staff to report on the Section 111 Application to the North 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 and the other related lands at 100 Broadway Avenue and 223-233 Redpath Avenue.

The balance of Confidential Attachment 1 to the report (June 17, 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 (June 17, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.