Item - 2020.CC25.3

City Council on October 27, 28 and 30, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor; and

b. Confidential Appendices A and B to the report (October 19, 2020) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer set out in Confidential Appendices A and B  to the report (October 19, 2020) from the City Solicitor, subject to Parts 2 and 3 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing into this matter and to take such actions as necessary to give effect to City Council's decision in support of the settlement.

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

a.  the proposed Official Plan and Zoning By-law Amendments are finalized to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Owner, including replacement rental dwelling units and rents, tenant relocation and assistance, and any other rental housing-related matters in conformity with Section 3.2.1.6 of the Official Plan, and the Owner has entered into, and registered on title, Agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006, incorporating such replacement rental dwelling units and rents, tenant relocation and assistance, and other rental housing-related matters;

b.  City Council has made a decision on Rental Housing Demolition Application (File 18 136700 STE 28 RH) pursuant to Chapter 667 of the Toronto Municipal Code, to demolish the eight (8) existing rental dwelling units at 161 and 167 Parliament Street, 351, 363, 371 and 373 Queen Street East and 80, 90, 92 and 94 Power Street, and that such matters arising from the Rental Housing Demolition Application have been secured in a Section 111 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and registered on title to the site to the satisfaction of the City Solicitor;

c.  all outstanding issues identified in Sections A and B of the memorandum from the Manager, Development Engineering, Toronto and East York District, dated December 2, 2019, have been be addressed by the applicant to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the Owner and the City have entered into and registered on title to the lands a Section 37 Agreement to the satisfaction of the City Solicitor to secure the following benefits:

i.  a cash contribution of one million, five hundred thousand dollars ($1,500,000.00) to be paid by the Owner prior to the issuance of the first above-grade building permit and to be allocated as follows: 50 percent shall be put toward capital improvements in Toronto Community Housing buildings and/or new or existing affordable housing units within proximity of the subject site in the Ward, with the remaining 50 percent to be put towards local streetscape, parkland and/or community facilities within proximity of the subject site in the Ward, at the discretion of the Chief Planner and Executive Director, City Planning and in consultation with the Ward Councillor;

ii.  the cash contribution referred to in Part 3.d.i. 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 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

iii.  in the event the cash contribution referred to in Part 3.d.i. above has not been used for the determined purpose within three (3) years of the amending Zoning By-laws 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

e.  the Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

i.  replacement rental dwelling units and, rents, tenant relocation and assistance, any other rental housing-related matters and other Section 37 matters, all to the satisfaction of the City Solicitor;

ii.  the Owner shall develop a Tenant Relocation and Assistance Plan with assistance and financial compensation provisions that extend beyond those provided under the Residential Tenancies Act, 2006, based on the City's usual considerations and requirements as of the date of the Settlement Offer, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iii.  the Owner shall provide and maintain within the new residential building(s) a dwelling unit mix that includes a minimum of 10 percent three-bedroom dwelling units and a minimum of 30 percent two-bedroom units, for a minimum of 40 percent of the total number of dwelling units having two or more bedrooms.

Confidential Appendices A and B to the report (October 19, 2020) 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 (October 19, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.