Item - 2023.CC6.10

City Council on May 10, 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (April 27, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) 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 instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated April 25, 2023 set out in Confidential Attachment 2 to the report (April 27, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council allow the Owner of 124 Broadway Avenue and 136 Broadway Avenue (collectively the "Site") to construct and provide thirty (30) affordable housing dwelling units (the "affordable units") as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to Subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the provision of the affordable units shall be provided in accordance with the terms and conditions set out in this Part 2 and on such other terms and conditions as are deemed appropriate by the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor;

b. the Owner shall provide and maintain the thirty (30) affordable units in the proposed 136 Broadway Avenue development with the following unit mix: seven (7) studios, thirteen (13) one-bedrooms, six (6) two-bedrooms and four (4) three-bedrooms. The affordable units will be provided on the following basis:

i. the minimum unit size of the seven (7) studio units shall be at least 375 square feet;

ii. the minimum unit size of the thirteen (13) one-bedroom units shall be at least 450 square feet;

iii. the minimum unit size of the six (6) two-bedroom units shall be at least 630 square feet, and they shall have no internal bedrooms;

iv. the minimum unit size of the four (4) three-bedroom units shall be at least 780 square feet, and they shall have a maximum of one (1) internal bedroom;

v. the affordable units shall be provided in contiguous groups of at least 6 dwelling units; and

vi. the configuration and layout of the affordable units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

c. the Owner shall provide and maintain the affordable units as rental dwelling units for a minimum of 25 years, beginning with the date each such unit is first occupied; no affordable unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable unit shall be made for at least 25 years from the date of first occupancy; upon the expiration of the 25 year period, the owner shall continue to provide and maintain the affordable units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

d. the Owner shall provide and maintain the affordable units, at no more than eighty percent (80 percent) of average market rent for a minimum of 25 years, beginning with the date each such unit is first occupied; and

e. the Owner shall provide and maintain the thirty (30) affordable units at affordable rents for at least 25 years, beginning with the date that each such unit is first occupied. During the first 25 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

3. City Council attribute a value to the in-kind contribution set out in Part 2 above equal to one hundred percent (100 percent) of four percent (4 percent) of the value of the land on the Site (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the owner of such valuation.

4. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 2 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the 124 and 136 Broadway Avenue land, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

5. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the Zoning By-law Amendments have been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has entered into the In-Kind Contribution Agreement pursuant to Section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 2 above;

c. the Owner has submitted and received approval from City Council regarding Rental Housing Demolition and Conversation Applications pursuant to Section 111 of the City of Toronto Act, 2006, with respect to the existing rental dwelling units being demolished on the Site;

d. the Owner has submitted an updated Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Groundwater Report, and related documents (the “Engineering Reports”), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. where it has been determined that improvements or upgrades are required to support the development, the Owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

f. the Owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the Owner has submitted a revised Travel Demand Management Plan, Parking Study, Traffic Operations Assessment, and Transportation Impact Study, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and

h. the Owner has submitted a revised pedestrian level wind study, including the identification of any required mitigation measures to be secured in the Zoning By-­law Amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. City Council accept, should the Ontario Land Tribunal approve the proposed Zoning By-law Amendments, an off-site parkland dedication of approximately 576 square metres at 190, 192 and 194 Broadway Avenue, to be dedicated to the City prior to the issuance of the first above-grade building permit for the redevelopment of the Site, and to be dedicated at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

7. City Council require that, in addition to the land conveyances in Part 6 above, the Owner provide a cash-in lieu payment of eight hundred thousand dollars ($800,000), prior to the issuance of the first above-grade building permit for the redevelopment of the Site, to the satisfaction of the General Manager, Parks, Forestry and Recreation; this payment may be substituted for the conveyance of additional off-site parkland, prior to the issuance of the first above-grade building permit for the Site, at the discretion of, and subject to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation; the land conveyance in Part 6 above and the cash-in-lieu payment in Part 7 represent the full statutory parkland contribution requirement under the Planning Act for the Site.

8. City Council require the Owner to provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a publicly accessible pedestrian access easement over the continuous landscaped open space, in the form of a 7.5 metre front yard setback along Broadway Avenue, as generally shown on the Combined Ground Floor Plans by IBI Group dated April 17, 2023 found in Confidential Appendix A to the report (April 27, 2023) from the City Solicitor, prior to Site Plan Approval; the specific size, location, configuration and design of the landscaped open space shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Owner shall own, operate, maintain and repair the landscaped open space, all at the Owner's own expense.

9. City Council require the Owner to provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a publicly accessible pedestrian access easement over the 2.1 metre wide north-south and then continuous east-west mid-block connection, as generally shown on the Combined Ground Floor Plans by IBI Group dated April 17, 2023 found in Confidential Appendix A to the report (April 27, 2023) from the City Solicitor, prior to Site Plan Approval; the specific size, location, configuration and design of the mi-block connection shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Owner shall own, operate, maintain and repair the mid-block connection, all at the Owner's own expense.

10. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (April 27, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 27, 2023) 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. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.