Item - 2020.CC25.4

City Council on October 27, 28 and 30, 2020, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Josh Matlow.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor, as amended by motion 1 by Councillor Josh Matlow.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor were adopted, as amended by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer as described in the report (October 19, 2020) from the City Solicitor and attached as Public Attachment 1 to the report and the Settlement Addendum dated October 27, 2020 attached to motion 1 by Councillor Josh Matlow (together the "Settlement Offer") subject to Part 2 to 9 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal on this matter in support of the Settlement Offer for the redevelopment of the property at 141 Davisville Avenue (the "Site").

3.  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 its Order(s) on the Zoning By-law Amendments until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  all existing rental units on Site, together with the new and retained associated facilities and amenities of the existing rental apartment building on Site, are secured for a period of at least 20 years commencing from the date that the Zoning By-law Amendments come into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.  all the proposed rental units on Site, together with the new and retained associated facilities and amenities of the proposed rental apartment building, are secured for a period of at least 15 years commencing from the date that the Zoning By-law Amendments come into full force and effect and with no applications for demolition or conversion from residential rental use during such 15 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

d.  the owner has agreed to provide residents of the existing rental building on Site and of 111 Davisville Avenue with access to all indoor and outdoor amenities within and adjacent to the proposed rental building, at no extra charge to the tenants and with no pass-through cost to tenants of the existing building, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purposes of obtaining an increase in residential rent above the applicable guideline; access and use of those amenities will be on the same terms and conditions as any other resident of the new rental building, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e.  the Chief Engineer and Executive Director, Engineering and Construction Services has confirmed water, sanitary and stormwater capacity, and pending receipt of a Functional Servicing and Stormwater Management Report, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  confirmation that the Applicant has satisfied all conditions concerning City owned and privately owned trees, to the satisfaction of the Director, Parks, Forestry and Recreation, Urban Forestry Services; and

g.  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 satisfaction of the City Solicitor, securing matters of legal convenience outlined in Part 4 below.

4.  City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following matters as a legal convenience to support development:

a.  the owner shall provide a privately-owned publicly-accessible open space to be secured by means of a surface pedestrian public easement with an approximate size of 307.6 square metres and in the location as generally shown in the Settlement Offer, with the final design determined through the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  in accordance with the terms set out in paragraph 3 a. (ii) of the Settlement Offer, the owner will continue to provide and maintain the existing 313 rental dwelling units (and 1 new rental dwelling unit) in the Existing Rental Building as rental housing, together with the new and retained associated facilities and amenities, for a minimum period of 20 years commencing from the date that the Zoning By-law Amendments come into full force and effect, with no applications for demolition or conversion from residential rental use during such 20-year period;

c.  in accordance with the terms set out in paragraph 3 a. (iii) of the Settlement Offer, the owner will continue to provide and maintain the units in the New Rental Building as rental housing, together with the new and retained associated facilities, for a minimum of 15 years commencing from the date that the Zoning By-law Amendments come into full force and effect, with no applications for demolition or conversion from residential rental use during such 15-year period;

d.  the owner shall make improvements to the Existing Rental Building and the New Rental Building substantially in accordance with the Settlement Offer and the Settlement Plans (the "Improvements"), all to the satisfaction of the Chief Planner and Executive Director, City Planning, as follows:

A.  prior to first residential occupancy of the New Rental Building, for the tenants of the Existing Rental Building, the New Rental Building and of 111 Davisville Avenue:

1.  a new indoor amenity space on the ground level and third floor level of the New Rental Building with an approximate size of 590.2 square metres;

2.  a new outdoor roof terrace in the New Rental Building with an approximate size of 177.0 square metres;

3.  a new outdoor dog run area with an approximate size of 214.7 square metres; and

4.  a new playground area with an approximate size of 203.6 square metres;

B.  Prior to issuance of the first Above-Grade Building Permit for the New Rental Building, for the tenants of the Existing Rental Building:

1.  one new guest suite within the Existing Rental Building;

2.  improvements to the existing lobby area and mail room;

3.  improvements to the entrance canopy;

4.  relocating the garbage storage area below grade, in order to improve odour condition;

5.  new formalized entrance off Balliol Street;

6.  improvements, if/as required, to laundry room safety, ventilation and cleanliness; and

7.  improvements, if/as required, to the quality of the storage locks; and

C.  Prior to first residential occupancy of the New Rental Building, for the tenants of the New Rental Building:

1.  one guest suite within the New Rental Building;

the cost of the Improvements will not be passed through to the tenants of the Existing Rental Building or of 111 Davisville Avenue;

e.  the owner shall develop a Tenant Communication Plan and a Construction Mitigation Plan prior to the issuance of Notice of Approval Conditions for site plan approval for the proposed Development, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  a cash-in-lieu of parkland dedication payment by the owner to the City prior to the issuance of the First Above-Grade Building Permit for the New Rental Building in accordance with section 42 of the Planning Act, the City’s parkland dedication by-law, as amended (as reflected in Chapter 415 of the City’s Municipal Code), as they exist as of the date of the Settlement Offer;

g. the owner shall provide a cash contribution of two hundred thousand dollars ($200,000.00) prior to the issuance of the first above-grade building permit for the New Rental Building to be allocated for rent abatement and/or another community benefit, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose will benefit the community in the vicinity of the Subject Site; the cash contribution will be indexed upwardly in accordance with the Building Construction Price Index for Toronto Census Metropolitan Area, reported quarterly by Statistics Canada, calculated from the date of the Section 37 Agreement securing the requirement to make the payment to the date of payment;

h. the owner shall provide a publicly accessible pedestrian walkway between Davisville Avenue and Balliol Street on 111 Davisville Avenue  (the “Midblock Connection”), to be secured by means of a surface pedestrian public easement, in the location as generally shown on the Settlement Addendum dated October 27, 2020, the final location and design of which will be secured as part of and through the site plan approval process, and the Midblock Connection shall have a minimum width of 3 metres, save and except for the portion in proximity to the building entrance of 111 Davisville Avenue identified on the Settlement Addendum dated October 27, 2020, which will have a minimum width of 1.2 metres; and

i. the owner shall provide residents of the Existing Rental Building residing on the Davisville Avenue side of the building the right to lease comparable (number of bedrooms) vacant units on the Balliol Street side of the Existing Rental Building, if and when such units become available, for the duration of the construction period of the New Rental Building, at their current rent; at the end of the construction period, the resident will remain in the Balliol Street unit; the owner shall provide financial compensation for the reasonable relocation costs of the resident, to be agreed upon by the owner and the resident in advance of the relocation; and all of Part 4.i. will be secured through the Tenant Communication Plan and Construction Mitigation Plan.

5.  As part of its Site Plan application for the Site, City Council require that the owner shall examine the following matters:

a.  the minimization of the paved area located on the Balliol Street side of the Subject Site;

b.  increasing the number of street trees along the Balliol Street frontage;

c.  the placement of canopy trees along the internal driveway located between the Existing Rental Building and the New Rental Building with adequate soil volumes through raised planters;

d.  designing a front-yard expression / articulation that is capable of accommodating live/work uses along Davisville Avenue;

e.  maintaining the mid-century modern architectural character of the canopy on the Existing Rental Building;

f.  daylighting the existing utility locations; and

g.  the ability to provide 25 percent of the amenity space as multi-purpose space.

6.  City Council direct the Chief Planner and Executive Director, City Planning and the City Solicitor, to take necessary steps during the Site Plan approval process to accept conveyance of a strip of land, with a maximum width of 2.3 metres along the entire length of the frontage of the Site on Davisville Avenue, as generally shown in the Settlement Offer.

7.  As part of its Site Plan Application for the Site, City Council require that the Applicant shall submit a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning.

8.  City Council authorize the City Solicitor and appropriate City Staff to take such necessary steps, as required, to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (October 19, 2020) 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 and information that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (October 19, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.