Item - 2021.CC35.9

City Council on July 14, 15 and 16, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor as amended by motion 1 by Councillor Mike Layton.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2021) from the City Solicitor as amended by motion 1 by Councillor Mike Layton. 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2021) 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 (July 6, 2021) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton, were adopted by City Council and are now public as follows:

1.  City Council amend Part 4 of its decision made on June 18, 2019, (Item 2019.TE6.5) with respect to the provision of community arts and culture space, by deleting Part 4.c. in its entirety and replacing it with the following Part 4.c.:

4.c. require the owner, at the option of and complete discretion of the City, to either:

i.  make a payment in the amount of $5,000,000 for the provision of off-site affordable housing within Ward 11, or towards other Section 37 matters as determined by the Ward Councillor, in consultation with the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade building permit, and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index and calculated from the date of the Council decision authorizing the Zoning By-law Amendment; or in the alternative;

ii.  design, construct  to base building standards and convey to the City in fee simple a minimum of 471 square metres of community space on the third floor of the proposed building and make a further cash payment to the City, in accordance with the following:

- prior to filing a site plan application, the owner will provide written notice to the City of its intention to apply for site plan approval, after which date the City would have 90 days to elect whether to take the $5,000,000 as a cash contribution described above or take the conveyance of 471 square metres of on-site community space; if the City elects to take the conveyance of the community space, then:

 
- the owner will design and construct the community space to base building standards as approved by the City and agreed to by the owner;

- the City and the Owner will  enter into an easement and cost sharing agreement to facilitate the integration of the development and the community space, with the City being  responsible for its pro rata share of operating costs for shared facilities, and for paying utilities for the community space; and further that the owner will not be required to pay development charges, if any, in respect of such  community space to be conveyed to the City;

 
- any changes to the location of the space to be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 
- in addition to the fee simple conveyance of the community space, the owner will make a cash payment of $1,577,855.30, towards Section 37 matters as determined by the Ward Councillor, in consultation with the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade building permit, and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index and calculated from the date of the Council decision authorizing the Zoning By-law Amendment.
 

2.  City Council authorize the City Solicitor and appropriate City Staff to advise the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) that City Council supports the above revision to the Section 37 contribution for the proposed development and to take all steps necessary to give effect to City Council's decision.

The balance of Confidential Attachment 1 to the report (July 6, 2021) 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.