Item - 2017.CC34.9

City Council on November 7, 8 and 9, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential recommendations in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor  and City Council direct that the balance of Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege; and

b.  Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor.

The confidential recommendations in Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated October 25, 2017 as set out in Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor and City Council direct the City Solicitor and staff to attend the Ontario Municipal Board in support of the revised proposed development.

2.  City Council approve an off-site parkland dedication for a 148 square metre portion of a proposed park 174 and 180 Broadway Avenue, as the parkland dedication requirement for the development at 100 Broadway Avenue, 223 and 225 Redpath Avenue.  The parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments to the satisfaction of the General Manager, Parks, Forestry and Recreation.

3.  City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the Owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the above base park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

4.  City Council direct that community benefits under Section 37 of the Planning Act be allocated to secure the following:

a.  prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a cash contribution of $1,100,000 to be used for improvements to the Redpath Parkette, to be indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of Ontario Municipal Board approval to the date the payment is made; and

b.  in the event the cash contribution referred to in Part 4.a. above has not been used for the determined purpose within three years of the amending Zoning By-law 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.

5.  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 Municipal Board:

a.  securing the rental tenure for the 52 rental replacement units for at least 20 years, rents for the affordable and midrange rental replacement units for at least 10 years, and an acceptable tenant relocation and assistance plan for all eligible tenants within the existing rental building that is proposed to be demolished as part of the development application, and any other related rental matters, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  securing the rental tenure for the replacement units for at least 20 years, rents for the affordable and midrange replacement units for at least10 years, and an acceptable tenant relocation and assistance plan for all eligible their tenants within the existing rental buildings located at 174 and 180 Broadway Avenue that is proposed to be demolished as part of the off-site parkland dedication, and any other related rental matters, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

c.  securing the above base park improvements for the off-site parkland dedication at 174 and 180 Broadway Avenue, and the development charge credit.

6.  City Council instruct the City Solicitor to request that the Ontario Municipal Board withhold its Order on the Zoning By-law amendment until such time that:

a.  the Board has been advised by the City Solicitor that the proposed zoning by-law amendments are in a form satisfactory to the City, including securing the rental replacement units, rents, and tenant relocation and assistance plans and any other related rental matters for the rental dwelling units at 100 Broadway Avenue, 223 and 225 Redpath Avenue, and 174 and 180 Broadway Avenue, and are in conformity with Section 3.2.1.6 of the Official Plan;

b.  the City has received an executed Section 37 Agreement securing the benefits outlined in Part 4 above and the matters outlined in Part 5 above;

c.  City Council has approved the rental housing demolition application 15 231391 NNY 25 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 52 existing rental dwelling units at 100 Broadway Avenue and 223-225 Redpath Avenue;

d.  City Council has approved a rental housing demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the existing rental dwelling units at 174 - 180 Broadway Avenue;

e.  the owner submits, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Constructions Services, revised Functional Servicing and Stormwater Management Reports and a Hydrogeological Report; and

f.  the owner submits a revised Transportation Impact Study to the satisfaction of the General Manager of Transportation Services.

7.  City Council defer making a decision at this time on application 15 231391 NNY 25 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the 52 existing rental dwelling units at 100 Broadway Avenue and 223-225 Redpath Avenue and instruct staff to report on the Section 111 Application to the North York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 100 Broadway Avenue and 223-225 Redpath Avenue.

8.  City Council defer making a decision on an anticipated application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to demolish the existing rental dwelling units at 174 to 180 Broadway Avenue and instruct staff to report on the Section 111 Application to the North York Community Council at such time as an Ontario Municipal Board decision has been issued regarding the Official Plan and Zoning By-law Amendment appeals for such lands and the other related lands at 174 to 180 Broadway Avenue.

The balance of Confidential Attachment 1 to the report (October 30, 2017) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

Confidential Attachment 2 to the report (October 30, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).