Item - 2021.CC36.6

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 22, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (September 22, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 22, 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 (September 22, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer dated September 20, 2021, in Confidential Attachment 2 to the report (September 22, 2021) from the City Solicitor, and as generally shown on the Revised Plans dated March 25, 2021, in Confidential Attachment 3 to the report (September 22, 2021) from the City Solicitor, subject to Parts 2 through 4 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in support of the revised proposal as set out in the Settlement Offer dated September 20, 2021 in Confidential Attachment 2 to the report (September 22, 2021) from the City Solicitor and as generally shown on the Revised Plans dated March 25, 2021 in Confidential Attachment 3 to the report (September 22, 2021) from the City Solicitor.

3.  City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its final order on the Official Plan and Zoning By-law amendment applications until such time as the Tribunal has been advised by the City Solicitor that:

a.  the final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including securing the replacement rental dwelling units and rents, the tenant relocation and assistance plan and any other rental related matters as required to conform with Section 3.2.1.6 of the Official Plan;

b.  City Council has approved the Rental Housing Demolition Application No. RH Application No. 17 162769 STE 28 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the seven (7) existing rental dwelling units at 83-97 River Street and 2-4 Labatt Avenue;

c.  execution and registration of a Section 111 Agreement to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning to secure the residential replacement units;

d.  submission of an updated Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Groundwater Report (the “Engineering Reports”), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e.  satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the design and construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined in the Engineering Reports that new infrastructure and / or upgrades / improvements are required to the existing infrastructure, to support this development, and that the owner has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure, with any such agreement to be executed prior to the issuance of an above-grade building permit;

f.  the owner has withdrawn its application to amend the Official Plan as it relates to the development at 83-97 River Street and 2-4 Labatt Avenue; and

g.  community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the Owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including:

i.  an indexed cash contribution of three million six hundred thousand dollars ($3,600,000.00) to be paid to the City prior to the issuance of the first above grade building permit to be allocated as follows:

a.  $1,200,000 to be allocated towards new and existing capital improvements for City owned affordable housing in Ward 13;

b.  $1,200,000 to be allocated towards new and existing capital improvements in City owned community, cultural, and recreational centres in Ward 13; and

c.  $1,200,000 to be allocated towards local area streetscape and park improvements.

ii.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the  Ontario Land Tribunal (formerly Local Planning Appeal Tribunal):

a. securing the rental tenure of the seven (7) replacement rental dwelling units for a period of at least 20 years; rents for the affordable and mid-range rental replacement units for at least 10 years, an acceptable tenant relocation and assistance plan and any other related rental matters, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide a Privately Owned Publicly Accessible Space of a minimum area of 125 square metres with the terms to be addressed through the Section 37 Agreement to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning;

c. the owner agrees to register a Limiting Distance Agreement between 83-97 River Street and 2-4 Labatt Avenue, 107 River Street, and the City of Toronto, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning;

d.  the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with Functional Servicing, Stormwater Management and Hydrogeological, and Groundwater Reports, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development;

e.  prior to final site plan approval, a pedestrian sidewalk easement shall be registered on title of the lands with a minimum right-of-way width of 2.1 metres along River Street, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  prior to final site plan approval, the owner shall convey to the City the following for nominal consideration to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

i.  a 1.17 metre wide strip of land to the full extent of the site abutting the west limit of Carfrae Lane; and

ii.  a 5 metre corner rounding at the northeast corner of River Street and Labatt Avenue; and

g.  prior to final site plan approval, the owner shall provide a construction management plan satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor.

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachments 2 and 3 to the report (September 22, 2021) 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 (September 22, 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.