Item - 2020.CC24.7

City Council on September 30, October 1 and 2, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2020) from the City Solicitor.

2.  City Council authorize the public release of confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2020) from the City Solicitor remain confidential as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the settlement offer as generally described in Public Attachment 1 to the report (September 23, 2020) from the City Solicitor as it relates to Section 37 and Section 42 of the Planning Act, and as more detailed in Parts 2 and 3 below.

2.  City Council accept a revised on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 989 square metres and an on-site parkland dedication in accordance with Section 5.1.1 of the Official Plan and pursuant to Section 37 of the Planning Act having a minimum size of 133 square metres for a total combined on-site parkland dedication of 1,122 square metres (the “Parkland Dedication”), with the exact size, location and configuration of the Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in place of the on-site parkland dedication previously authorized by Part 5 of Item NY14.1 adopted by City Council on July 28 and 29, 2020.

3.  City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act securing the following, in place of the Section 37 matters previously authorized by Part 10 of Item NY14.1 adopted by City Council on July 28 and 29, 2020:

a.  a cash contribution in the amount of one million, four hundred and sixty thousand dollars  ($1,460,000.00) directed toward the Oriole Community Centre capital improvements and/or other community services and facilities in the immediate area, in consultation with the local Ward Councillor;

b.  the cash contribution referred to in Part 3.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the date of the Agreement to the date of payment;

c.  in the event the cash contribution  referred to in Part 3.a. above cannot be directed for the determined purpose within five years of the amending Zoning By-law coming into full force and effect, the amount of funds allocated toward a community benefit 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;

d.  an additional 133 square metres of on-site dedication of land for park purposes in addition to the required on-site parkland contribution pursuant to Section 42 of the Planning Act as generally set out in Part 2 above;

e.  the owner shall provide and maintain at least 19 dwelling units (5 bachelor units, 7 one-bedroom units, 5 two-bedroom units and 2 three-bedroom units) all of which are affordable rental dwelling units in the new 33-storey residential building and/or new townhouses on the lands; the minimum average unit size of the affordable rental dwelling units for each unit type shall be at least 433 square feet for bachelor units, 521 square feet for 1 bedroom units, 688 square feet for 2 bedroom units, and 998 square free for 3 bedroom units; the affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units; the general configuration and layout of the 19 affordable rental dwelling units in the new 33-storey residential building and/or new townhouses shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  the owner shall provide and maintain the 19 affordable rental dwelling units as rental dwelling units for a minimum of 20 years, beginning with the date each such unit is first occupied; no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 20 years from the date of first occupancy; when the 20 year period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; and

g.  the owner shall provide and maintain the affordable rental dwelling units at affordable rents for at least 15 years, beginning with the date that each such unit is first occupied; during the first 15 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

4.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council' decision.

The balance of Confidential Attachment 1 to the report (September 23, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.