Item - 2022.CC42.10

City Council on April 6 and 7, 2022 adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor, as amended by motion 1 by Councillor Paula Fletcher.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Paula Fletcher, and Confidential Appendices A and B to the report (March 29, 2022) from the City Solicitor, at the discretion of the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2022) from the City Solicitor 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 (March 29, 2022) from the City Solicitor, as amended by motion 1 by Councillor Paula Fletcher, were adopted by City Council and  have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

 

1. City Council accept the without prejudice settlement offer dated March 22, 2022 in Confidential Appendix A, and the revised plans substantially in accordance with Confidential Appendix B to the report (March 29, 2022) from the City Solicitor for the lands municipally known as 954, 956 and 958 Broadview Avenue and 72 Chester Hill Road West (the "Site"), subject to Toronto Preservation Board's consideration of the heritage alteration report at its meeting of April 5, 2022 or May 10, 2022 subject to Parts 2 to 17 below.

 

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing in support of the revised development proposal generally described in the settlement offer and the revised plans substantially in accordance with Confidential Appendices A and B to the report (March 29, 2022) from the City Solicitor, subject to the conditions set out in Part 1 above.

 

3. City Council accept an onsite parkland dedication having an area of not less than 240 square metres to satisfy the owner's parkland contribution required pursuant to Section 42 of the Planning Act as generally shown on Confidential Appendix A (the "Parkland Dedication") to the report (March 29, 2022) from the City Solicitor, and acknowledge that the 172 square metres proposed to be conveyed to public ownership as set out in Part 5.b. below satisfies the remaining cash-in-lieu requirement under Section 42 of the Planning Act and the City’s parkland dedication By-law (as reflected in Chapter 415 of the City’s Municipal Code), subject to the following:

 

a. the Parkland Dedication shall be conveyed to the City prior to the earlier of condominium registration of the Development or 36 months after the issuance of the first Above-Grade Building Permit, subject to seasonality extensions satisfactory to the General Manager, Parks, Forestry and Recreation;

 

b. the Parkland Dedication shall be conveyed to the City free and clear of all encumbrances and encroachments save and except for tiebacks and such other encumbrances, if any, where such encumbrances are acceptable to the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and in the case of tie backs if proposed by the Owner, the permission to install tiebacks would be subject to the City’s usual and typical payment of compensation to the City, as determined by the General Manager, Parks, Forestry and Recreation and subject to Part 3.c. below;

 

c. the conveyance of the Parkland Dedication shall be subject to an approximate minimum 1.1 metre wide easement in favour of the Owner connecting Broadview Avenue to the front face of the Development, the location of which shall be generally as shown on Confidential Appendix A to the report (March 29, 2022) from the City Solicitor, and to be maintained by the Owner and kept free and clear of physical obstructions, snow and ice, to meet Code requirements and permit pedestrian access and emergency egress from the development to Broadview Avenue, without requiring compensation to the City;

 

d. the owner shall maintain the Parkland Dedication at its expense in a manner satisfactory to the General Manager, Parks, Forestry and Recreation together with provisions for protection and indemnification of the City to the satisfaction of the City Solicitor in connection with the maintenance, all of which shall be secured in the Section 37 Agreement referred to in Part 5 below; and

 

e. the owner shall enter into and have registered on title a Limiting Distance Agreement with the City to ensure a no-build zone over a 5.0 metre portion of the Parkland Dedication as shown on Confidential Appendix A to the report (March 29, 2022) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

4. 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 the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

 

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate divisions;

 

b. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement(s) registered on title to 954, 956 and 958 Broadview Avenue, in a manner satisfactory to the City Solicitor to secure the matters set out in Part 5 below.

 

c. the owner has entered into a Heritage Easement Agreement with the City for the property at 958 Broadview Avenue in accordance with the plans and drawings dated February 17, 2022, prepared by Graziani + Corazza and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 17, 2021, and in accordance with the Heritage Conservation Plan required in Part 4.d. below, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor;

 

d. the owner has provided the City with a Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 958 Broadview Avenue prepared by ERA Architects Inc., dated December 17, 2021, to the satisfaction of the Senior Manager, Heritage Planning; and

 

e. the owner has made satisfactory arrangements for the resolution or withdrawal of its appeal of Official Plan Amendment 343 (Broadview Avenue Planning Study) and associated Zoning By-laws.

 

5. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor to secure the following matters as community benefits and as a legal convenience to support the development:

 

a. the Owner shall enter into assignable Agreement(s) of Purchase and Sale to convey, at below market value (as further described below), eight (8) dwelling units comprised of one (1) three-bedroom; and seven (7) two-bedroom units (the "Affordable Ownership Units") in the new 14-storey mixed use building for affordable ownership housing to Habitat for Humanity (the "Provider") as part of the Black North Initiative Homeownership Bridge Program, with the City included as a contingent transferee in accordance with the following:

 

i. the Affordable Ownership Units shall have the following minimum specifications:

 

A. the Affordable Ownership Units shall have a minimum total area of 520 square metres and shall include:

 

i. one (1) three bedroom unit which shall have a minimum unit size of 80 square metres; and

 

ii. seven (7) two bedroom units which each shall have a minimum unit size of 56 square metres;

 

B. one Affordable Ownership Unit shall be designed to be barrier free, in accordance with the Ontario Building Code, and meet the City of Toronto Accessibility Design Guidelines and, without limiting the foregoing, shall have automatic doors for all amenity areas, building entrances and garbage rooms;

 

C. the location and layouts of the new Affordable Ownership Units within the approved development on the lands shall be located on the second (2nd) and/or third (3rd) floor with the specific location to the satisfaction of the Owner;

 

D. the Affordable Ownership Units shall be constructed to a fully-finished condition, with appliances including washer and dryer, to a similar standard as the market units in the remainder of the Development;

 

E. the Affordable Ownership Units will have at least one operable window/door in addition to the entry door; and

 

F. the Affordable Ownership Units will be provided bicycle parking at nominal cost but will not be permitted to purchase a vehicular parking.

 

ii. the purchase price payable to the Owner is the sum of $3,300,000 (the “Purchase Price”) for the eight Affordable Ownership Units, (subject to an adjustment for the amount of the Development Charge Deferral as set out below), which Agreement(s) of Purchase and Sale will be formalized by the Owner, the Provider and the City (as contingent transferee) entering into the Owner’s standard form of residential condominium agreement of purchase and sale for the Development (the “AHU APS(s)”),  within the later of 30 days of the Owner being licenced with the Home Construction Regulatory Authority and Tarion and having finalized for release the disclosure statement required by the Condominium Act; to transfer may occur to the Provider in the absence of a signed Home Ownership Assistance Program  delivery agreement (“Home Ownership Assistance Program Agreement”), as contemplated below, and shall be subject to the following: 

 

A. the Owner shall pay all applicable land transfer taxes associated with the conveyance of the Affordable Ownership Units to the Provider;

 

B. there shall be no closing adjustments made with respect to the eight (8) Affordable Ownership Units transferred to the Provider, other than adjustments for monthly occupancy fees or common expense fees and realty taxes for the year in which the final closing date occurs, adjusted and payable on either the interim occupancy or final closing date of the sale of each unit, and in accordance with Part 5.a.ii.D. below;

 

C. the Owner shall be solely responsible and liable for remitting the Harmonized Sales Tax eligible on each of the units' conveyances, if the conveyances to the Provider and/or the City of Toronto are not be eligible for any new housing rebates; and

 

D. the Purchase Price shall be adjusted downward by the amount of the Development Charge Deferral as set out in Part 5.a.iii. below;

 

iii. the Owner shall enter into an agreement with the Provider and the City, being a Home Ownership Assistance Program Agreement, no later than 180 days after Zoning By-law Amendment(s) permitting the Development becomes final and binding or within such longer period of time as the City and the Owner may agree to, but in any case before Development Charges for the Affordable Ownership Units would otherwise be due, which Home Ownership Assistance Program Agreement will provide for the Affordable Ownership Units to be secured as affordable ownership housing for a minimum period of 99 years beginning from the date that each such unit is first sold to an eligible purchaser, on terms satisfactory to the City; the Home Ownership Assistance Program Agreement will include:

 

A. a requirement and timelines for the Provider to prepare a long term affordable ownership plan, outlining its method of ensuring that affordability will be maintained for the 99 year period, to be provided to the satisfaction of the Executive Director, Housing Secretariat and the Provider shall be obligated to administer the units in accordance with the finally approved plan;

 

B. at least six months in advance of any new Affordable Ownership Unit being made available for occupancy, the Provider shall develop and implement an Owner/Occupant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

 

C. the deferral of development charges for the Affordable Ownership Units under the terms of the City's Home Ownership Assistance Program, such that the Owner shall not be obligated to pay to the City the otherwise payable Development Charges for the Affordable Ownership Units, (the “Development Charge Deferral”) and re-payment of such deferred Development Charges by the Owner shall occur if the Owner is unable to transfer the units for affordable housing in accordance with these terms, and thus the Owner is able to sell the units without restrictions;

 

D. the benefit of the Development Charge Deferral shall be secured by a charge against the Lands equivalent to the amount of the Development Charge Deferral;

 

E. the charge in favour of the City will be registered after the execution of the Home Ownership Assistance Program Agreement and prior to when the Development Charges would otherwise be payable by the Owner to the City; the City agrees to postpone the charge and rank behind charges for preconstruction, construction and surety financings, easements for utilities and telecommunications and, and in the event the charge encumbers lands required in support of the Development to be transferred to the City or other government authority, such as the Toronto and Region Conservation Authority, the City shall provide a release and partial discharge;

 

F. the charge described above, shall be partially discharged forthwith from all but the Affordable Ownership Units upon the availability of a legal description for the said units;

 

G. the charge will be discharged from each Affordable Ownership Unit upon a second charge being registered to secure the value of the Development Charge Deferral by the Provider or eligible purchaser, as the case may be, to the satisfaction of the City; and

 

H. the charge will be discharged forthwith if none of the Provider, the City or the City's Assignee enter into the AHU APS(s) for all of the Affordable Ownership Units, or if none of the Provider, the City or the City’s assignee complete the purchase of all of the Affordable Housing Units in accordance with the terms of the AHU APS(s), and the Owner has both (1) repaid the Development Charge Deferral loan and (2) paid the Affordable Housing Cash Contribution in accordance with Part 5.a.xiii. Section 1(xiii), to the City;

 

iv. the Owner shall ensure that new Affordable Ownership Units shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units erected on the Lands are available and ready for occupancy, where a purchaser of an Affordable Ownership Units would pay occupancy fees upon taking occupancy of such unit;

 

v. the Owner shall ensure that the condominium Declaration provides all owners or residents of the Affordable Ownership Units with access to, as well as the use of, all indoor and outdoor amenities in the Development at no extra charge and on the same terms and conditions as any other owner or resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

 

vi. the Owner shall ensure that the condominium Declaration provides all owners or residents of the Affordable Ownership Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building and in accordance with the Zoning By-law;

 

vii. the proportionate share of each Affordable Ownership Unit’s interest in the common interests/common expense of the condominium reflected in Schedule D to the condominium Declaration expressed as a percentage shall be stated as 50 percent of the proportionate interest/share of the common interests/common expenses (including 50 percent of any reserve fund contributions, and 50 percent of any special assessments) for the same type and size of market unit in the condominium;

 

viii. the Declaration shall contain an express duty that the Condominium Corporation shall not take steps to amend the Declaration or impose other fees and charges against or attributable to the Affordable Ownership Units for the 99 year term to indirectly make up or increase the common expenses payable by these units;

 

ix. the Declaration shall contain a requirement that the Condominium Corporation provide to the Provider and the City written notice at least 90 days prior to a meeting of the board of directors of the condominium to pass a resolution approving any proposed amendment to the Declaration, with a copy of the proposed amendment;

 

x. prior to the registration of the condominium, the obligations in Part 5.a.vii., 5.a.viii and 5.a.ix above shall be reflected in an indemnity agreement (the “Indemnity Agreement”) to be entered into between the Owner, Provider and the City of Toronto, with content satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor;

 

xi. following Condominium Registration and prior to the conveyance of the first market unit in the condominium, an assumption agreement of the Indemnity Agreement shall be entered into by the Owner and the condominium corporation, in a form of assumption agreement acceptable to the subject parties (the “Indemnity Assumption Agreement”), through which the condominium corporation shall assume all of the Owner’s obligations under the Indemnity Agreement; an executed copy of the Indemnity Assumption Agreement shall be delivered to the City within five (5) business days thereafter together with a copy of the registered bylaw of the condominium corporation; the City agrees that upon the execution of the Indemnity Assumption Agreement by the condominium corporation and delivery of the Indemnity Assumption Agreement together with a copy of the registered By-law to the City, the Owner, its successors and assigns shall be automatically released from any and all obligations under the Indemnity Agreement;

 

xii. the Owner shall provide an allowance to the Provider for legal expenses and window coverings associated with the Affordable Ownership Units, up to a maximum of $10,000, subject to the provision of receipts by the Provider to the Owner for review and acceptance, acting reasonably, including the payment within a reasonable time, satisfactory to the Executive Director, Housing Secretariat; the resolution of any disputes shall be determined by the Executive Director, Housing Secretariat, in their discretion;

 

xiii. in the event the Owner, after employing reasonable commercial efforts:

 

A. does not enter the Home Ownership Assistance Program Agreement with the Provider and the City in accordance with Part 5.a.iii. above; or

 

B. does not enter into the AHU APS(s) for all the Affordable Ownership Units or is unable to complete all the transfers to the Provider or the City’s Assignee, or the City, in its sole discretion, chooses not to accept the transfers from the Owner or assign its rights, as contingent transferee in accordance with the AHU APS(s), the Owner shall instead make a cash contribution to the City in the amount of $2,000,000 to be used towards affordable housing (“Affordable Housing Cash Contribution”); the Affordable Housing Cash Contribution payment shall occur upon the issuance of the first Above-Grade Building Permit, if the Home Ownership Assistance Program Agreement is not executed by the parties; alternatively, if the Home Ownership Assistance Program Agreement is executed by the parties, the Affordable Housing Cash Contribution shall be made the later of the following events: (a) the issuance of the first Above-Grade Building Permit, or (b) the first of the following two events, being either the failure of the Owner and Provider to enter into the AHU APS(s) for all of the Affordable Ownership Units in accordance with the terms set out herein, or the failure to complete the transfers of the Affordable Housing Units to the Provider, the City or its assignee in accordance with the terms of the AHU APS(s); and the Affordable Housing Cash Contribution shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment; and

 

xiv.  forthwith following the registration of the Section 37 Agreement, the Owner shall register, to the satisfaction of the City Solicitor, a restriction against title to the Lands pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, c. L.5 to restrict the transferring and/or charging of the Lands by the Owner, other than as may be consented to in writing by the Executive Director, Housing Secretariat, which consent won’t be unreasonably withheld and which for greater certainty, shall not be withheld to facilitate financing and development; the Section 118 Restriction shall be removed forthwith by the City upon any one of the following events occurring as required by these terms: the failure of the parties to execute the Home Ownership Assistance Program Agreement or to execute the AHU APS(s) for all of the Affordable Housing Units; the registration of the charge securing the Development Charge Deferral; or where the Affordable Housing Cash Contribution is paid in accordance with these terms;

 

b. the conveyance to public ownership of the lands located below the Long Term Stable Top of Slope, 10 metres inland from the Long Term Stable Top of Slope and the negotiated dripline buffer (which is comprised of an area of 577 square metres) as well as an area of 172 square metres beyond the negotiated dripline buffer, as shown on Confidential Appendix B (the “Ravine Lands”) to the report (March 29, 2022) from the City Solicitor, in accordance with the following:

 

i. the Ravine Lands shall be conveyed for nominal cost prior to the earlier of four years following the issuance of the first Above-Grade Building Permit, (excluding demolition permits and any permits associated with the heritage alterations and conservation work), and condominium registration, subject to extension related to seasonality satisfactory to the General Manager, Parks, Forestry and Recreation;

 

ii. at the time of conveyance, the Ravine Lands shall be free and clear of physical and title encumbrances, subject to encumbrances acceptable to the City Solicitor and the Toronto and Region Conservation Authority, and with the exception of tie-backs which may project up to a maximum of approximately 6.0 metres within the Ravine Lands and such tie-backs shall be de-stressed and will be subject to monetary compensation to Toronto and Region Conservation Authority satisfaction, prior to conveyance;

 

iii. any permanent building/structures will be setback a minimum of 3.0 metres from the boundary of the Ravine Lands, with the exception of:  landscaping elements, including fencing; and balconies, which will be setback a minimum of 2.5 metres from the Ravine Lands; and

 

iv. the Owner shall submit a landscape restoration plan (“Ravine Restoration Plan”) as a condition of Site Plan approval, to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Toronto and Region Conservation Authority and Todmorden Mills Wildflower Preserve, which improvements in accordance with the Ravine Restoration Plan shall be completed prior to the conveyance of the Ravine Lands, subject to the extensions for seasonality satisfactory to the Chief Planner and Executive Director, City Planning;

 

c. the conveyance of road and lane widenings to the City for nominal cost prior to the earlier of: four years following the issuance of the first above-grade building permit, excluding demolition permits and any permits associated with the heritage alterations and conservation work, and condominium registration, subject to extension relating to seasonality satisfactory to the Chief Planner and Executive Director, City Planning, and conveyances are to be free and clear of physical and title encumbrances, other than encumbrances acceptable to the City Solicitor, with the exception of tie-backs which are permitted on:

 

i. a 0.75 metre wide strip of land along the 954-956 Broadview Avenue site frontage;

 

ii. a approximate 3.85 metre wide strip of land along the 958 Broadview Avenue site frontage; and

 

iii. a lane widening along the north-south public lane, provided on the west side and transitioning to both sides to the north, with the width determined through the Site Plan process in consultation with the General Manager, Transportation Services to ensure minimal effect on the lot proposed to be severed;

 

d. requirement that prior to final Site Plan approval for the subject lands the owner shall:

 

i. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Planning;

 

ii. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

 

iii. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

 

iv. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

 

v. submit a Signage Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning;

 

e. requirement that prior to the issuance of any permit for all or any part of the property at 958 Broadview Avenue, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

 

i. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

 

ii. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan; and

 

iii. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning;

 

f. requirement that prior to the release of the Letter of Credit required in Part 5.e.ii. above, the owner shall:

 

i. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required lighting and interpretive work have been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

 

ii. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning;

 

g. a cash contribution in the amount of $100,000 to be paid by the Owner to the City prior to the issuance of the first above-grade building permit for the Development, excluding demolition permits and any permits associated with the heritage alterations and conservation work (“Above-Grade Building Permit”), to be allocated to certain community benefits in the vicinity of the Property including towards the public design process  of the Wonscotonach Park projects with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

h. the provision of a heritage plaque from Heritage Toronto to be paid for by the Owner to commemorate the Chester School heritage resource;

 

i. prior to the issuance of the first Building Permit for the Development, the Owner shall deliver to the City a certified cheque in the amount of fifty thousand dollars ($50,0000) for public art to be located in the Parkland Dedication to commemorate the Chester School heritage resource, and will be constructed at the time of above-base park improvements;

 

j. requirement for the owner to consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications and ensure that contractors are not obstructing sidewalks or roadways; and

 

k. requirement for the owner to sell the 72 Chester Hill Road house on the open market, to not include 72 Chester Hill Road house in any future application for condominium under the Condominium Act, 1998 and to agree that the Zoning By-law Amendment for the Development shall maintain the current zoning for the 72 Chester Hill Road house, in keeping with the rest of the street.

 

6. City Council authorize the City of Toronto to be a party to the AHU APS(s) for the Affordable Ownership Units as a contingent transferee, in order to implement City Council's decision and ensure the benefit of the Affordable Housing Units is secured for the intended purpose should the Provider not be able to complete the transactions.

 

7. City Council authorize the Executive Director, Housing Secretariat to execute the AHU APS(s) for the Affordable Ownership Units, provided the AHU APS(s) provide the City with the right to assign the AHU APS(s) to other non-profit housing providers, the City is not liable to pay any deposit, penalty or liquidated damages to the Owner or  the Provider in the event it terminates the AHU APS(s) should Council determine at a later date for any reason, including that there is no funding to complete the transaction or if the City is unsuccessful in identifying a third party assignee.

 

8. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City of Toronto, all development charges deferral agreements and any security or financing or other documents required by the Owner, the Provider or a related corporation to obtain conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City of Toronto security documents where and when required during the term of the Home Ownership Assistance Program Agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City of Toronto that have not been previously approved by City Council.

 

9. City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered as required by normal business practices.

 

10. City Council authorize the Executive Director, Housing Secretariat to administer and manage the transaction relating to the Affordable Ownership Units in consultation with the Executive Director, Corporate Real Estate Management, including the provision of any consents, approvals, waivers and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction, all as may be required.

 

11. City Council approve the deferral of development charges for the Affordable Ownership Units under the terms of the City's Home Ownership Assistance Program, with the exception that on the sale or refinancing of a unit, the deferred amount will be re-invested by the Provider as down-payment assistance loans under the Black North Initiative Homeownership Bridge Program for at least 99 years, but only provided that the unit is sold in accordance with the Provider's long term affordable ownership plan.

 

12. City Council authorize the City Solicitor to require the Owner to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council further authorize the City Solicitor to request at the City Solicitor's discretion the Ontario Land Tribunal to withhold its final Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Ontario Land Tribunal to impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor:

 

a. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review, the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

 

b. the owner has addressed the major outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

13. City Council direct Staff to support a request of the Ontario Land Tribunal to approve such modifications, or otherwise provide relief as necessary to Official Plan Amendment 343 in order to permit the form of Development set out in Confidential Appendices A and B to the report (March 29, 2022) from the City Solicitor.

 

14. City Council direct that the following matters be resolved at the time of and through the Site Plan Approval process for the proposed development:

 

a. the owner shall provide for an enhanced level of bird friendly window treatment including:

 

i. use of a combination of the following strategies to treat a minimum of 90 percent all exterior glazing within the greater of first 23 metres of the building above grade or the height of the mature tree canopy including using visual markers (with strong contrast) of 5 millimetres or greater in diameter to the 1st surface of glass with a maximum spacing of 50 millimetres x 50 millimetres; and/or using non-reflective glass (includes acid etch, full cover ceramic frit or texture); and

 

ii. provide for visual markers on balcony railings and fly-through conditions; and on elevation(s) facing the Natural Area; and

 

b. the owner shall provide for large shade trees along the south property line between the Development and the adjacent single detached houses along Chester Hill Road to ensure maximum privacy and mitigation of overlook concerns, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

 

15. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for Development for the design and construction by the owner of the Above Base Park Improvements for the Parkland Dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the development charge credit shall be in an amount that is the lesser of the cost to the Company 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.

 

16. City Council direct the General Manager, Transportation Services to report to the Toronto and East York Community Council on excluding the development at 954-958 Broadview Avenue from the on-street permit parking program including requiring the applicant to state in all marketing materials, condominium disclosure documents, and sales agreements that the future owner, tenant, or sublet tenant or any other additional occupant or guest will be prohibited from applying for an on-street parking permit and the building will be excluded from any on-street permit specified area.

 

17. City Council direct the City Solicitor to report to City Council after the Case Management Conference scheduled at the Ontario Land Tribunal on April 26, 2022 for further directions, if required.

 

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

 

Confidential Appendices A and B to the report (March 29, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (March 29, 2022) 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 and information regarding potential litigation.