Item - 2021.CC36.13

City Council on October 1 and 4, 2021, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 20201) from the City Solicitor, as amended by motion 1 by Councillor John Filion.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor John Filion, and Confidential Appendix A to the report (September 23, 20201) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 20201) 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 (September 23, 2021) from the City Solicitor, as amended by motion 1 by Councillor John Filion, were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer, dated September 20, 2021, as set out in Confidential Appendix A to the report (September 23, 2021) from the City Solicitor, subject to the following conditions:

a. the Official Plan Amendment and Zoning By-Law amendments are in a form satisfactory to the City Solicitor;

b. City Council has approved the rental housing demolition application 17 139152 NNY 23 RH under Chapter 667 of the Toronto Municipal Code and the owner has entered into an agreement pursuant to Section 111 of the City of Toronto Act, 2006 securing the replacement rental dwelling units and rent, tenant assistance and other rental-related matters, and registered the said agreement on title, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. in accordance with Section 42 of the Planning Act, prior to the first above-grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 2,060 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the subject parkland conveyance is to be free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements and be in an acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation;

d. prior to the first above-grade building permit, the owner shall convey to the City the over-dedication of parkland, having a minimum size of 1,640 square metres located adjacent to the required parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the subject parkland conveyance is to be free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements and be in an acceptable environmental condition, all to the satisfaction of the General Manager of Parks, Forestry and Recreation;

e.  prior to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) issuing its final order, the owner shall satisfactorily address the required revisions and required reports identified in Part I and Part II of the Engineering and Construction Services Memorandum dated November 26, 2019.

f. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning for the purpose of securing appropriate community benefits to be based on the value of additional height and / or density beyond what is permitted by the current zoning by-law and to be registered on title, such Section 37 benefits to include:

i. a cash contribution of $9,000,000, indexed in accordance with the Construction Price Index, calculated from the date of the Ontario Land Tribunal bringing the Zoning by-law amendments into full force and effect to the date of payment, as set out below:

A. prior to the issuance of the first above-grade building permit:

i.  the sum of $1,750,000 for any new residential dwelling unit to be erected on the Lands, excluding the required rental replacement dwelling units, for community, cultural or institutional facilities, non-profit child care facilities, affordable housing, parkland and/or park improvements, and/or public access to ravines and valleys, in Ward 18, to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and the sum of $500,000 for affordable housing; and

B. prior to the issuance of any subsequent above-grade building permits:

i. the sum of $1,750,000 for any new residential dwelling unit, to be erected on the Lands, which exceeds 225 new residential dwelling units, excluding the required rental replacement dwelling units, for community, cultural or institutional facilities, non-profit child care facilities, affordable housing, parkland and/or park improvements, and/or public access to ravines and valleys, in Ward 18, to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the sum of $500,000 for affordable housing;

ii. the sum of $1,750,000 for any new residential dwelling unit, to be erected on the Lands, which exceeds 450 new residential dwelling units, excluding the required rental replacement dwelling units for community, cultural or institutional facilities, non-profit child care facilities, affordable housing, parkland and/or park improvements, and/or public access to ravines and valleys, in Ward 18, to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the sum of $500,000 for affordable housing; and

iii. the sum of $1,750,000 for any new residential dwelling unit, to be erected on the Lands, which exceeds 700 new residential dwelling units, excluding the required rental replacement dwelling units, for community, cultural or institutional facilities, non-profit child care facilities, affordable housing, parkland and/or park improvements, and/or public access to ravines and valleys, in Ward 18, to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the sum of $500,000 for affordable housing;

C. notwithstanding the phasing of payments in section 1f above, the balance of the $9,000,000, including any indexing, shall be payable seven years after the payment of the first above-grade building permit; and

D. the sums for affordable housing be directed to the Capital Revolving Fund for Affordable Housing for the provision of new affordable rental housing in Ward 18; and

g. the following are also recommended to be secured in the Section 37 agreement as a legal convenience to support development:

i. the owner shall provide and maintain the 148 existing rental housing units retained on the site as rental housing for the period of at least 20 years, from the date of the Zoning By-law coming into full force and effect, with all associated facilities and building amenity, to be secured for the retained rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

ii. the owner shall provide needed improvements for the retained rental housing, taking into account feedback from tenants, the timing and the details to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. the owner shall permit and provide tenants of the retained rental housing with access to indoor and outdoor amenities within and adjacent to the proposed buildings on the site, including all outdoor amenity spaces and indoor amenity space within one or more of the proposed buildings, at no extra charge to the tenants and with no pass-through cost to tenants of the existing building; access and the use of these amenities shall be on the same terms and conditions as any other tenant in the building;

iv. prior to Site Plan Approval for the development, the owner shall provide a Tenant Construction Mitigation Plan and Tenant Communication Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and thereafter the owner shall implement such Plans;

v. the owner will provide at least 15 percent of all new dwelling units as two-bedroom units and 10 percent of all new dwelling units be three-bedroom units; and

vi. matters required to implement the rental replacement and tenant assistance provisions.

Confidential Appendix A to the report (September 23, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (September 23, 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.