Item - 2016.CC12.13

City Council on February 3 and 4, 2016, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 2 of the report (January 28, 2016) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 2 to the report (January 28, 2016) from the City Solicitor when settlement is achieved.

Confidential Attachment 2 to the report (January 28, 2016) from the City Solicitor remains confidential in its entirety at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and information on potential litigation that affects the City.  The confidential instructions to staff in Confidential Attachment 2 to the report (January 28, 2016) from the City Solicitor will be made public when settlement is achieved.

October 24, 2023

The City Solicitor having confirmed that, for each of the respective properties, settlement of the Central Waterfront Secondary Plan and/or the Zoning By-laws has now been achieved, the confidential instructions to staff in Confidential Attachment 2 to the report (January 28, 2016) from the City Solicitor have been made public, as follows:

1. Further to the confidential instructions to staff contained in previous reports to Council, City Council further authorizes the City Solicitor and appropriate staff to enter into amendments to the Central Waterfront Secondary Plan and the applicable Zoning By-laws as necessary to give effect to the following recommendations:

a. the Zoning By-laws for East Bayfront and Keating Channel West be amended for Sites B, C, D and G to require that at least 10 percent of the market residential units (whether rental or ownership housing) within each phase of development be provided as 3 or more bedroom residential units, as follows:

i. 3 percent of market units must be constructed with at least 3 bedrooms with windows on external walls (no interior bedrooms) with a minimum unit size of 88 square metres;

ii. 2 percent of market units must be built with 3 bedrooms, 1 of which may be an interior bedroom that meets the Ontario Building Code, with a minimum size of 80 square metres;

iii. 5 percent of market units must be designed and marketed as potential three-bedroom units, with no minimum unit size requirements, but may be built with only 2 bedrooms provided that the condominium documentation permits conversion to 3 bedrooms; and

iv. if more than 10 percent of market units in a development phase meet these three-bedroom requirements, any surplus may be credited to a later phase, provided that each phase will continue to meet the 3 percent requirement described in paragraph (a)(i) above;

b. the affordable rental housing requirements for the FedEx North parcel be amended to include two options for the timely delivery provisions, as follows:

i. when an initial deferral of affordable rental housing is permitted until 10 percent of total residential development is under construction, the full delivery of affordable housing at the same rate as market residential is not required until 75 percent of total residential development is under construction, provided that affordable housing delivery commences after passing the 10 percent milestone; and

ii. when the owner agrees that there will be no initial deferral of affordable rental housing and the 50 percent cap on use of cash-in-lieu is reduced to 45 percent, a deferral during the middle of the development timetable is permitted provided that if land is delivered, it shall be at the 50 percent milestone of total residential construction, and if affordable units are being provided, they shall be delivered no later than the 75 percent milestone of total residential construction;

c. the affordable rental housing requirements for the FedEx South parcel be amended to include timely delivery provisions, as follows, in the event that the owner has elected not to be subject to the affordable housing requirements as originally set out in By-law 1049-2006:

i. when an initial deferral of affordable rental housing is permitted until 10 percent of total residential development is under construction, the full delivery of affordable housing at the same rate as market residential is not required until 75 percent of total residential development is under construction, provided that affordable housing delivery commences after passing the 10 percent milestone, provided that the owner has accepted a 50 percent cap on the use of cash-in-lieu to meet affordable rental housing requirements;

d. with respect to 307 Lake Shore Boulevard East (Haupert - Site F), up to 100 percent of the affordable rental housing requirements may be provided as cash-in-lieu at the owner's option;

e. with respect to the City-owned parcel(s) at 11 Small Street and 7 Parliament Street, the requirement for affordable rental housing remain at 20 percent for units or land, but cash-in-lieu be deleted as an option;

f. Section 37 agreements be entered into to secure all affordable rental housing matters as set out in further detail in the ARH Terms Sheet (dated January 22, 2016);

g. with respect to 307 Lake Shore Boulevard East (Haupert - Site F), the Secondary Plan be modified and the Zoning By-law be amended to permit a tower height of 125 metres and gross floor area for the lands as shown on Maps 3 and 4 and as set out in the table below:

and

h. the Zoning By-law for Site G (333 Lake Shore Boulevard East - Bunge) be amended to allow a tower location and tower height of 150 metres in the northern block of these lands as well as a base building podium with a height of 20 metres while maintaining the existing gross floor area as shown on Maps 5, 6 and 7, and to require that the southern portion of the site be held for a limited period of time to allow the Toronto District School Board to acquire the lands for school site purposes at market rates, and to allow additional uses including residential uses and potentially a community centre to be located on this block in conjunction with a school.

2. Council authorize the Chief Corporate Officer and the Director, Real Estate Services to negotiate the acquisition of the "Silo Park" property, located on 333 Lake Shore Boulevard East, in whole or in part, from Waterfront Toronto as the current owner of the property.

3. Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Financial Officer to report back, if required, to Council on the establishment of a Reserve Fund or other funding approach for the purpose of acquisition and development of parklands within the Keating Channel West Precinct, funded with 100 percent of the Section 42 cash-in-lieu of parkland payments collected from each development within the Keating Channel West Precinct.

4. City Council authorize the City Solicitor and Director, Real Estate Services, to execute all necessary documents to finalize the following land exchanges, on the terms described in this report and in accordance with all applicable procedures for the acquisition and sale of land:

a. with respect to the FedEx lands, the conveyance of the Sherbourne Street Triangle  to the City in exchange for the conveyance of the former Rail  Spur lands to the owner of the FedEx site; and

b. with respect to the 3C lands, the conveyance of the T2B lands to the owner, in exchange for the conveyance to the City of the lands required for the future reconstruction of the new Cherry Street.

5. City Council instruct Staff to continue negotiations with the owners of Site C (Silo - 351 and 369 Lake Shore Boulevard East) to arrive at a reasonable solution which would include the retention of the heritage structure on site. 

6. City Council instruct Staff to enter into Minutes of Settlement to provide that the scope of the Public Art contribution may include a community arts and culture contribution, at the discretion of the Chief Planner and/or City Council.

7. City Council authorize the City Solicitor and other appropriate City officials to enter into Minutes of Settlement and such other related documents as may be necessary to give effect to the above recommendations, so as to achieve a settlement of issues arising from the East Bayfront and/or Keating Channel West Precinct Ontario Municipal Board appeals as described in this report.

The balance of Confidential Attachment 2 to the report (January 28, 2016) 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 or communications that are subject to solicitor-client privilege and information on potential litigation that affects the City.