Item - 2019.CC9.18

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff, paragraphs 1 through 5 inclusive, in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor, as amended by motion 1 by Councillor Jaye Robinson.

2.  City Council authorize the public release of the confidential instructions to staff, paragraphs 1 through 5 inclusive, in Confidential Attachment 1, as amended by motion 1 by Councillor Jaye Robinson, and Confidential Appendices A and B to the report (July 8, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remain confidential.

4.  City Council request the City Solicitor and appropriate staff to work with the property owner, in consultation with the Ward Councillor, to consider the development of a revised plan relocating the proposed driveway entrance for the proposed development to provide vehicular access only from Erskine Avenue for the purpose of a possible consolidation of green space with neighbouring properties.

5.  City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, the Ward Councillor and other appropriate staff, to consider the property municipally known as 55 Erskine Avenue as part of a potential consolidated park within a block study area of the properties known as 14 Broadway Avenue, 28 Broadway Avenue, and 40-44 Broadway Avenue.

The confidential instructions to staff, paragraphs 1 through 5 inclusive, in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor,  as amended by motion 1 by Councillor Jaye Robinson, were adopted by City Council and are now public, as follows:

1.  City Council accept the without prejudice Settlement Offer submitted by the applicant/appellant on May 30, 2019, attached as Confidential Appendix A to the report (July 8, 2019) from the City Solicitor.

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 set out in the Settlement Offer dated May 30, 2019 and City Council authorize the City Solicitor to support a voluntary increase to the owner's voluntary contribution of community benefits as described in Part 3.c. below provided that further discussions with the owner prior to the hearing result in the owner agreeing to voluntarily increase the community benefits described in Part 3.c. below.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor in writing that:

a.  the proposed zoning by-law amendments are in a form and content required to permit only the proposed development as shown in Confidential Appendix B to the report (July 8, 2019) from the City Solicitor, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has entered into and registered in priority against title to the subject lands an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to secure the owner's provision of the following matters as a legal convenience to support the development:

i.  the rental tenure of the existing rental building on site containing 188 existing rental dwelling units, without application to convert or demolish for at least 20 years commencing from the date the Local Planning Appeal Tribunal issues its final Order for the Zoning By-law Amendments;

ii.  access for residents of the existing rental building to all indoor and outdoor amenities within and adjacent to the proposed development, with no cost pass-through to existing tenants and residents within the existing rental dwelling units;

iii.  improvements to the existing rental building to be secured through Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning or designate with no cost pass-through to existing tenants and residents within the existing rental dwelling units, including:

A.  permanent outdoor furniture, barbecque cooking appliances within the existing 1385 square metre outdoor amenity area surrounding the existing swimming pool;

B.  new programming within the 70 square metre amenity space located on the ground floor of the existing building (to be determined at site plan application review);

C.  introducing at least five (5) new short-term visitor bike parking spaces located at the rear of the existing building, near the secondary building entrance;

D.  centralizing garbage storage, staging and pickup within the new building for waste associated with the existing and new building; and

E.  locating a hand delivered refuse drop-off area for kitchen waste and recycling within the existing building;

iv.  prior to Site Plan Approval of the proposed development, provide a construction mitigation and tenant communications plan to lessen adverse impacts on tenants due to the redevelopment proposal, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate;

v.  prior to Site Plan Approval of the proposed development, design an at-grade privately-owned publicly accessible open space reflective of the vision for the Park Street Loop abutting the Broadway Avenue frontage of the subject lands to a minimum depth of 7.5 metres from the Broadway Avenue property line starting at the west property line of the subject lands and terminating at the future boundary of the on-site parkland dedication to be provided by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate, and construct the improvements as approved through the design process prior to the issuance of the first above-grade building permit for the proposed development, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate; and

vi.  prior to the issuance of the first above-grade building permit for the proposed development, register a grant of a privately-owned publicly accessible open space easement to the City, for nominal consideration and free and clear of all physical encumbrances, save and except those permitted by the Chief Planner and Executive Director, City Planning or designate, upon and over the subject lands abutting Broadway Avenue, to a minimum depth of 7.5 metres from the Broadway Avenue property line starting at the west property line of the subject lands and terminating at the future boundary of the on-site parkland dedication to be provided by the owner, for the purpose of the public's pedestrian use, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning or designate; and

c.  the owner has entered into and registered in priority against title to the subject lands an agreement with the City pursuant to Section 37 of the Planning Act, to secure the owner's voluntary contribution of community benefits by payment of $300,000 to the City to be used for the purpose of local parks improvements in the vicinity of the site, to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, and the owner's voluntary contribution of this community benefit will be paid prior to the issuance of the building permit for the proposed development.

4.  City Council accept an on-site parkland dedication of 284.2 square metres, in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act, generally as shown in Confidential Appendix B to the report (July 8, 2019) from the City Solicitor, with the final location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; 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. 

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.

Confidential Appendices A and B to the report (July 8, 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 (July 8, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice or communications that are subject to solicitor-client privilege.