Item - 2024.DM20.2

City Council on July 24 and 25, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 12, 2024) 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 to the report (June 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Paula Fletcher, and Confidential Appendices A and B to the report (June 12, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 12, 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 (June 12, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Paula Fletcher, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer attached as Confidential Appendix A to the report (June 12, 2024) from the City Solicitor (the "Settlement Offer") and substantially in accordance with Confidential Appendix B to the report (June 12, 2024) from the City Solicitor (the "Revised Plans") (together, the "Revised Proposal") for the Site, subject to Part 3 below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Revised Proposal generally described in the Settlement Offer and the Revised Plans attached as Confidential Appendices A and B to the report (June 12, 2024) from the City Solicitor.

3. 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 its Order on the Official Plan Amendment and Zoning By-law until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendment and Zoning By-law Amendment(s) are in a final form and content satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning;

b. the owner has provided a revised Wind Study, including Wind Tunnel Testing, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has entered into an appropriate agreement pursuant to subsection 37(7.1) of the Planning Act to secure six (6) additional affordable residential rental units as set out in Part 4 below, to be secured for a minimum period of twenty-five (25) years, with such terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat and the City Solicitor;

d. City Council has approved Rental Housing Demolition Application 21 210154 STE 14 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units on the lands and the owner has entered into, and registered on title an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure all rental-housing related matters necessary to implement City Council’s decision, including replacement rental housing and an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable which include the terms set out in paragraph 3 of the Settlement Offer;

e. the owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrogeological Review Summary, and Groundwater Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. the owner has entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities; and

g. the owner has revised the Compatibility and Mitigation Study, Noise Study and Vibration Study, including any required peer reviews, to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, the Director, Urban Forestry, Tree Protection and Plan Review, and the General Manager, Parks, Forestry and Recreation with revisions, as may be necessary, implemented as part of the amending Zoning By-law(s), to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council allow the owner to provide six (6) affordable rental housing units as part of the Revised Proposal, 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 according with the following terms:

a. the owner shall design, construct, finish, provide and maintain the six (6) affordable rental units on the Site, as follows:

1. three (3) one-bedroom units with an average unit size of 578 square feet;

2. two (2) two-bedroom units with an average unit size of 734 square feet; and

3. one (1) three-bedroom unit with a minimum unit size of 1,153 square feet;

b. all the affordable rental units shall be provided in a contiguous group of rental dwelling units;

c. the total gross floor area of the six (6) additional affordable rental units shall be no less than 4,355 square feet with the general configuration and layout of the affordable units to be to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner shall provide all tenants of the affordable rental units with access to, and use of, all indoor and outdoor amenities in the development, on the same terms and conditions as any other resident of the development without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

e. the units shall include ensuite laundry and air conditioning in each affordable rental unit at no additional cost to tenants;

f. affordable rent shall be determined based on the Official Plan’s current definition of affordable rent, which includes an income approach based on the definition for "affordable rental housing and affordable rents" in the City of Toronto Official Plan, implemented through Official Plan Amendment 558;

g. 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.  Affordable rent shall be determined based on the Official Plan’s current definition of affordable rent, which includes an income approach based on the definition for "affordable rental housing and affordable rents" in the City of Toronto Official Plan;

h. 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;

i. 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;

j. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place, unless otherwise agreed to by the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and at least six (6) months in advance of any affordable rental unit being made available for rent, each owner shall develop and implement an Access Plan which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and

k. the Owner shall provide residents of the affordable rental units with access to bicycle and visitor vehicle parking on the same terms and conditions as any other resident of the development.

5. City Council attribute a value to the in-kind contribution set out in Part 4 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law) for the development of the Revised Proposal, as determined the day before the building permit is issued in respect of each respective development and direct staff to advise the owner of the valuation.

6. 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 to address the provision of the in-kind contributions identified in Part 4 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 lands, which shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

7. City Council request the applicant commit to the following measures in addition to the implementation of the standard City of Toronto Construction Management Plan, to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, prior to the commencement of any work:

a. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Association to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes/action items from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;

b. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;

c. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;

d. ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;

e. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;

f. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;

g. post a 24 hours a day/7 days a week contact number for the site superintendent on the construction hoarding;

h. create a publicly accessible website with regular construction updates and post the website address on the subject site; and

i. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost; design is to be reviewed and approved by the Ward Councillor.

8. City Council approve that in accordance with Section 42 of the Planning Act, prior to the issuance of the First Above Grade Building Permit, the Owner shall convey to the City an on-site parkland dedication, being the property municipally known as 40 Lewis Street, having a minimum size of 475 square metres, with frontage on Lewis Street to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

9. City Council authorize the on-site parkland dedication of the property municipally known as 40 Lewis Street, provided that a 3-metre easement for the purposes of public pedestrian access is secured from 40 Lewis Street to Broadview Avenue through the development site, to the satisfaction of the Chief Planner and Executive Director City Planning, the Executive Director, Development Review and the City Solicitor.

10. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental and in base park condition to the satisfaction of General Manager, Parks, Forestry and Recreation.

11. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner 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.

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

Confidential Appendices A and B to the report (May 8, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 12, 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 (June 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.