Item - 2024.CC22.14

City Council on October 9 and 10, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2024) 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 (September 25, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 2024) 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 (September 25, 2024) 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 September 24, 2024, set out in Confidential Appendix A to the report (September 25, 2024) from the City Solicitor (the "Settlement Offer") and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council authorize the City Solicitor and appropriate City Staff to advise the Ontario Land Tribunal that the City supports the Settlement Offer as set out in Confidential Appendix A to the report (September 25, 2024) from the City Solicitor, provided the following conditions are met:

a.  prior to issuance of any final order of the Ontario Land Tribunal approving the revised development, the owner shall:

1. submit a draft Zoning By-law in a form satisfactory to the City Solicitor; and

2. enter into an amending Section 37 Agreement with the City (the "Section 37 Amending Agreement"), to amend the Section 37 agreement currently registered on title to the Site as Instrument AT5791663 (the "Existing Section 37"), to the satisfaction of the City Solicitor, to secure the following:

a. an additional cash contribution of $1 million dollars ($1,000,000.00) in addition to the existing commitment of $5.4 million dollars ($5,400,000.00) secured in the Existing Section 37, for a total of $6.4 millions dollars ($6,400,000.00) to be paid prior to issuance of any above-grade building permit, all of which shall be allocated for capital improvements to new or existing affordable housing in the subject ward, with specific allocation be determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor;

b. the additional cash contribution of $1 million dollars shall be increased by upwards indexing in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date the Section 37 Amendment Agreement is executed to the date payment is made.  The balance of the cash contribution shall be indexed in accordance with the terms of the Existing Section 37 Agreement;

c. prior to the issuance of any above grade building permit for the Site, the Owner shall have the option to elect to make its full Section 37 contribution in the form of 16 affordable housing units as follows:
 

1. Affordability level: affordable units to meet the lower of the City’s definition of affordable housing or the provincial affordable housing definition as published in the Provincial Affordable Housing Bulletin;

2. Affordability period: units to remain affordable for a period of 99 years;

3. Unit mix and sizes: the unit mix and minimum average unit size to be in line with the unit mix for the market units as follows:

a. two studio units with a Minimum Average Unit Size of 39.5 square meters;

b. seven one-bedroom units with a Minimum Average Unit Size of 51.1 square meters;

c. five two-bedroom units with a Minimum Average Unit size of 79 square meters; and

d. two three-bedroom units with a Minimum Average Unit size of 95.2 square meters; and

4. Tenure: affordable units will be rental in tenure.

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

Confidential Appendix A to the report (September 25, 2024) 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 (September 25, 2024) 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 (September 25, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.