Item - 2017.CC31.18

City Council on July 4, 5, 6  and 7, 2017, adopted the following:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (June 26, 2017) from the City Solicitor.

2.  City Council direct that the confidential recommendations in Confidential Attachment 1 to the report (June 26, 2017) from the City Solicitor be made public and City Council direct that the balance of Confidential Attachment 1 to the report (June 26, 2017) from the City Solicitor remain confidential.

The following confidential recommendations in Confidential Attachment 1 to the report (June 26, 2017) from the City Solicitor were adopted by City Council and are now public:

1.  City Council direct the City Solicitor to advise the Ontario Municipal Board that City Council supports the proposed Zoning By-law Amendment application as revised and received by the City on May 4, 2017 based upon revised architectural plans dated May 11, 2017, for the lands at 65-89 King Street East and 46 Colborne Street provided that the owner shall have obtained, in consultation with the Toronto Preservation Board, City Council approval for the required alterations to the heritage properties at 65-89 King Street East pursuant to Section 33 of the Ontario Heritage Act.

2. In the event that the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold the issuance of its final Order until:

a.  revised plans have been submitted to the City to address the comments from Development Engineering dated June 12, 2017, and the comments from Urban Forestry, Tree Protection and Plan Review dated June 7, 2017, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Parks, Forestry and Recreation;

b.  a final form of Zoning By-Law is prepared to reflect the required revisions to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c.  with respect to cultural heritage considerations:

i.  the applicant enters into a Heritage Easement Agreement for the properties at 65-89 King Street East and 46 Colborne Street in accordance with a Heritage Impact Assessment and architectural drawings and subject to and in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

ii.  the applicant enters into a Heritage Easement Agreement for the property at 95 King Street East to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

iii.  the applicant obtains, in consultation with the Toronto Preservation Board, City Council approval for the required alterations to the heritage properties at 71-89 King Street East pursuant to Section 33 of the Ontario Heritage Act;

iv.  the applicant provides a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in a Heritage Impact Statement for the properties at 65-89 King Street East and 46 Colborne Street all to the satisfaction of the Senior Manager, Heritage Preservation Services;

v.  the applicant agrees to withdraw site-specific appeals to the St. Lawrence Neighbourhood Heritage Conservation District Plan; and

vii.  the applicant agrees that the cladding of the new base building on the north elevation and the west elevation will include masonry to be secured under the site plan approval process;

d.  the applicant has secured the ownership of the lands known as Rodega Lane;

e.  the applicant has entered into an agreement with the City to secure community benefits pursuant to Section 37 of the Planning Act having a value of not less than $2,200,000.00 to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor for the following benefits:

i.  a cash contribution of $850,000.00, payable before the issuance of the first above-grade building permit, for local park and/or streetscape improvements within an area bounded by Yonge Street, Queen Street East, Parliament Street and the Metrolinx-Lakeshore rail corridor; and

ii.  a cash contribution of $1,350,000.00, payable before the issuance of the first above-grade building permit, for the preservation of off-site heritage resources that are designated and/or listed on the City of Toronto Heritage Register, including the North St. Lawrence Market property at 92 Front Street East, the First Parliament property at 271 Front Street East and 25 Berkeley Street, which may include a heritage lighting plan and/or heritage interpretation plan, within an area bounded by Yonge Street, Queen Street East, Parliament Street and the Metrolinx-Lakeshore rail corridor;

f.  provided that the cash contributions referred to in Parts 2.e.i. and ii. above are to be indexed in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City;

g.  in the event the cash contributions referred to in Parts 2.e.i. and ii. above have not been used for the intended purposes within three years of the site specific By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

h.  the following matters are also recommended to be secured in the Section 37 agreement as a legal convenience to support the development:

i.  the applicant shall covenant that not less than 7,500 square metres of the floor space at its site shall always remain zoned and constructed for office use, with such area of office space being attributed toward the required office replacement for the related owner's development application proposed for 254-266 King Street East, 427-435 Adelaide Street East and 157 Princess Street. This attribution of office space shall only be available provided the development of 65-89 King Street East and 46 Colborne Street occurs before or concurrently with a redevelopment of 254-266 King Street East, 427-435 Adelaide Street East and 157 Princess Street;

ii.  with respect to cultural heritage considerations, prior to final Site Plan approval for the properties at 65-89 King Street East and 46 Colborne Street, the owner shall:

1.  provide Final Site Plan drawings, consistent with the proposed development which is the subject of the settlement by City Council and consistent with any City Council approval of alterations pursuant to the Ontario Heritage Act, including drawings related to an approved Conservation Plan, all as determined by and to the satisfaction of the Senior Manager, Heritage Preservation Services;

2.  provide an Interpretation Plan for 65-89 King Street East and 46 Colborne Street, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

3.  provide a Lighting Plan that describes how the heritage buildings will be sensitively illuminated to enhance their heritage character, to the satisfaction of the Senior Manager, Heritage Preservation Services, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

4.  provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services; and

5.  submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii.  prior to the issuance of any permit for all or any part of the properties at 65-89 King Street East and 46 Colborne Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance for usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services:

1.  the zoning by-law giving rise to the proposed alterations (the Alterations) to the properties at 65-89 King Street East and 46 Colborne Street shall be in full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services;

2.  the owner shall provide full building permit drawings for the specific phase of work, including notes and specifications for the conservation and protective measures keyed to an approved Conservation Plan, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, all the to satisfaction of the Senior Manager, Heritage Preservation Services;

3.  the owner shall 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 Preservation Services to secure all work included in the approved Conservation Plan, the approved Lighting Plan and the approved Interpretation Plan; and

4.  prior to the release of the Letter of Credit, the owner of 65-89 King Street East and 46 Colborne Street shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the conservation work, heritage lighting work, and the interpretative work have been completed in accordance with an approved Conservation Plan approved Interpretation Plan, and an approved Heritage Lighting Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and provide replacement Heritage Easement Agreement photographs for the properties at 65-89 King Street East and 46 Colborne Street to the satisfaction of the Senior Manager, Heritage Preservation Services;

iv.  prior to the commencement of any excavation and shoring work, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction. The Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager,Transportation Services, in consultation with the Ward Councillor; and

i.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and appropriate staff, to take such steps as may be necessary to implement the elements of the settlement, including the final form of the planning instruments generally in accordance with Council's decision.

The balance of Confidential Attachment 1 to the report (June 26, 2017) 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.