Item - 2021.TE28.5

City Council on November 9, 10 and 12, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (September 23, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District and City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District, remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District were adopted by City Council and are now public as follows:

1.  City Council accept the with prejudice settlement offer dated September 20, 2021 in Public Appendix A to the report (September 23, 2021) from the City Solicitor and Director, Community Planning, Toronto and East York District, the revised plans substantially in accordance with Public Appendix B to the report (September 23, 2021) from the City Solicitor and Director, Community Planning, Toronto and East York District, and the without prejudice Section 37 contribution offer set out in Confidential Appendix A (the "Settlement Proposal) to the report (September 23, 2021) from the City Solicitor and Director, Community Planning, Toronto and East York District for the lands municipally known as 1540-1550 Bloor Street West (the "Site"), subject to Part 2 to 7 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Public Appendices A and B and Confidential Appendix A to the report (September 23, 2021) from the City Solicitor and Director, Community Planning, Toronto and East York District. 

3.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415 Article III of the Toronto Municipal Code.

4.  City Council authorize the entering into of 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, to be registered on title to the lands at 1540-1550 Bloor Street West, as follows:

a.  the community benefits offered in the Settlement Offer and recommended to be secured in the Section 37 Agreement are as follows:

i.  the owner shall provide and maintain fourteen (14) new affordable rental dwelling units on the lands at 1540-1550 Bloor Street West for a minimum period of ninety-nine (99) years beginning from the date that each such unit is first occupied, in accordance with the following:

A.  the fourteen (14) new affordable rental dwelling units shall collectively contain a total gross floor area that is no less than 8,685 square feet;

B.  at least one (1) of the new affordable rental dwelling units shall be a three-bedroom rental unit with an average unit size that is no less than the average unit size of a non-affordable three-bedroom dwelling unit within the development;

C.  at least three (3) of the new affordable rental dwelling units shall be two-bedroom rental units with an average unit size that is no less than the average unit size of a non-affordable two-bedroom dwelling unit within the development;

D.  at least nine (9) of the new affordable rental dwelling units shall be one-bedroom rental units with an average unit size that is no less than the average unit size of a non-affordable one-bedroom dwelling unit within the development;

E.  the remaining one (1) new affordable rental dwelling unit may be of any bedroom type but shall have an average unit size that is no less than the average unit size of a non-affordable rental dwelling unit of the same bedroom type within the development;

F.  the fourteen (14) new affordable rental dwelling units shall be provided in vertically and/or horizontally contiguous groups of six (6) or more dwelling units within the development;

G.  the location and layouts of the new affordable rental dwelling units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

H.  the owner shall provide and maintain the new affordable rental dwelling units as secured rental housing for a minimum period of ninety-nine (99) years beginning from the date that each such unit is first occupied; during such secured rental period, no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose; and upon the expiration of the secured rental period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise;

I.  the owner shall provide and maintain all fourteen (14) new affordable rental dwelling units at affordable rents, as currently defined in the Official Plan, for a minimum period of 99 years, during which the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey; and

J.  notwithstanding Part 4.a.i.I. above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the unit under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

ii.  at least six (6) months in advance of any new affordable rental dwelling unit being made available for rent, the owner shall develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

iii.  the fourteen (14) new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the lands are available and ready for occupancy;

iv.  the owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

v.  the owner shall provide all tenants of the affordable rental dwellings units with laundry facilities on the same basis as other residents of the development at no extra charge; and

vi.  the owner shall provide all tenants of the affordable rental dwelling units with access to permanent and visitor vehicular and bicycle parking on the same terms and conditions as any other resident of the development, and in accordance with the Zoning By-law; and

b.  the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item 2009,PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by Council from time to time;

ii.  the conveyance for nominal value of lands for a 0.4 metre right-of-way widening along Bloor Street West and lands for a 6.0 metre radius corner rounding at the intersection of Bloor Street West and Dundas Street West;

iii.  the conveyance for nominal value of an easement for public access over lands on the north side of the proposed building with a minimum width of 6.0 metres and a minimum height of 6.0 metres, over the travelled portion of the driveway, along with a 1.5 metre wide pedestrian walkway, which are to connect to the adjacent public lane in the future, as shown on Drawing A103, prepared by IBI Group and dated August 2021;

iv.  the provision of pedestrian clearways on Bloor Street West and Dundas Street West with a minimum width of 2.1 metres, which may include the obligation to convey an easement over a portion of the property, to achieve the 2.1 metre-wide clearway, as shown on Drawing A103, prepared by IBI Group and dated August, 2021;

v.  the following Transportation Demand Management measures:

1.  a cash contribution of $50,000.00 for one bike share station to be located in the immediate vicinity of the property, with such cash contribution paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment;

2.  two (2) car share parking spaces to be located within the proposed underground parking garage;

3.  one (1) bike share membership (1 year membership) per dwelling unit; and

4.  two (2) bicycle repair stations on the property.

vi.  the peer review of the submitted Environmental Noise and Vibration Assessment Report, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vii.  a Wind Tunnel analysis to the satisfaction of the Chief Planner and Executive Director, City Planning;

viii.  a revised Landscape Plan, Soil Volume Plan, Arborist Report and Tree Protection Plan, for review to the satisfaction of General Manager, Parks, Forestry and Recreation; and any necessary financial securities, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, and that such matters arising from such studies and plans, be secured if required;

ix.  the owner's agreement to implement any required recommendations and/or mitigation measures from the accepted reports and plans listed in Parts 4.b.vi. to viii. above, through the Site Plan approval process for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning;

x.  the requirements of the Toronto Transit Commission regarding warning clauses and other requirements noted in the Toronto Transit Commission comments, including but not limited to those identified in the Toronto Transit Commission response letters dated April 1, 2020 and January 18, 2021;

xi  the requirements of Metrolinx regarding technical review as noted in the Metrolinx comments, dated May 11, 2020, and the initial comments for a future site plan application were also provided for consideration, including but not limited to, a final noise study for review, warning clauses, and the granting of an environmental easement;

xii  the requirements of the Toronto District School Board and Toronto Catholic District School Board's regarding warning clauses and signage with respect to school accommodation issues; and

xiii  the owner's agreement that prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning and the City Solicitor.

5.  Should the Ontario Land Tribunal allow the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its Order approving the application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director City Planning, and City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions, and among other matters include securing:

i.  the full replacement of the existing rental dwelling units on the lands at 1540-1550 Bloor Street West;

ii.  the rents, rental tenure, unit mix, and unit sizes of the replacement rental dwelling units;

iii.  an acceptable Tenant Relocation and Assistance Plan, addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rent and other assistance to mitigate hardship, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv.  any other rental housing-related matters in conformity with Policy 3.2.1.6 of the Official Plan;

v.  a minimum of ten percent (10%) of all non-replacement rental dwelling units at 1540-1550 Bloor Street West as three-bedroom units and a minimum of fifteen percent (15%) of all non-replacement rental dwelling units on the lands as two-bedroom units;

vi.  the on-site parking ratios to the satisfaction of the General Manager, Transportation Services; and

viii.  space within the development for installation of maintenance access holes and sampling ports on the private side, for both storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10;

b.  a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing the benefits and matters of legal convenience outlined in Part 4 above;

c.  the owner has, at the owner's sole expense:

i.  submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii.  addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memoranda from Engineering and Construction Services, and the General Manager, Transportation Services;

iii.  secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

iv.  submitted a revised Transportation Impact Study and a Parking and Loading Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such studies, be secured if required; and

v.  provided on-site parking ratios to the satisfaction of the General Manager, Transportation Services, supported by a comprehensive Transportation Demand Management Plan, submitted to the satisfaction of the Chief Planner and Executive Director, City Planning; should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; and

d.  City Council has approved the Rental Housing Demolition Application No. 19 263430 STE 04 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West and the owner has entered into one or more agreements with the City, and those agreement(s) have been registered on title to 1540-1550 Bloor Street West, securing rental housing related matters, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

6.  City Council defer making a decision at this time on Rental Housing Demolition application 19 263430 STE 04 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West, and instruct staff to report on the Rental Housing Demolition application to the Toronto and East York Community Council at such time as an Ontario Land Tribunal decision has been issued regarding the Zoning By-law Amendment appeals for such lands and the other related lands at 1540-1550 Bloor Street West.

7.  City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision.

Confidential Appendix A to the report (September 23, 2021) from the City Solicitor and the Director, Community Planning, Toronto and East York District and City Council 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 and the Director, Community Planning, Toronto and East York District, 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 and litigation privilege.