Item - 2018.CC44.28

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the With Prejudice Settlement Offer dated July 13, 2018 attached as Public Appendix 2 to the report (July 16, 2018) from the City Solicitor.

2.  City Council direct staff to work with the applicant to settle the final form of the Official Plan Amendment, Zoning By-law Amendment and Notice of Approval Conditions in advance of the November 5, 2018 pre-hearing conference.

3.  City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal pre-hearing conference scheduled for November 5, 2018, and to consent to the pre-hearing conference being converted to a settlement hearing and to appear in support of the revised proposed development as set out in the Settlement Offer dated July 13, 2018 in  Public Appendix 2 to the report (July 16, 2018) from the City Solicitor.

4.  City Council direct City Planning staff to report to the first North York Community Council meeting in 2019 on the application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish all existing residential rental dwelling units on site (File 17 107822 NNY 10 RH).

5.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands until such time as:

a.  the owner has provided draft official plan amendment and by-laws to the Local Planning Appeal Tribunal in a form and with content satisfactory to the Director, Community Planning, North York District and the City Solicitor;

b.  City Council has dealt with the Rental Housing Demolition Application (File 17 107822 NNY 10 RH) under Chapter 667 of the Toronto Municipal Code to demolish 16 existing rental dwelling units at 847-873 Sheppard Avenue East;

c.  a Section 37 Agreement has been executed to the satisfaction of the City Solicitor; and

d.  the owner has addressed any outstanding engineering concerns, including addressing the outstanding items outlined in the email memorandum from Engineering and Construction Services dated July 12, 2018, updating the Functional Servicing Report and entering into a financially secured agreement to pay for and construct any necessary improvements to the municipal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

6.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order on the Site Plan Application until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  Site Plan Approval conditions have been finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning; and

b.  the Applicant has satisfied all pre-approval conditions of Site Plan Approval, including the execution and registration of a Site Plan Agreement with the City pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006 to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

7.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

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

i.  a cash contribution of $600,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development and to be allocated for parks improvements and public realm projects in Ward 10 that will benefit the community in the vicinity of the Subject Site at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

ii.  the $600,000.00 cash contribution is to 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. 327-0058, or its successor, calculated from the date of the Council decision accepting the Settlement Offer to the date of payment; and

b.  the following is also recommended to be secured in the Section 37 Agreement as a legal convenience to support development if approved by the Local Planning Appeal Tribunal:

i.  the owner shall provide and maintain seven (7) replacement rental dwelling units, comprising three (3) one-bedroom units, and four (4) two-bedroom units, on the subject site for a period of at least twenty (20) years, as generally shown in the with prejudice settlement offer dated July 13, 2018; any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director City Planning;

ii.  the owner shall provide at least one (1) one-bedroom and four (4) two-bedroom  replacement rental dwelling units at affordable rents, and at least two (2) one-bedroom replacement rental dwelling units at mid-range rent for a period of at least ten (10) years, beginning from the date of first occupancy; and

iii. the owner shall provide tenants of the replacement rental dwelling units with access to all indoor and outdoor amenities on the site at no extra charge; access and use of these amenities shall be on the same terms and conditions as any other resident of the building.

The balance of Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 16, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.