Item - 2018.CC39.12

City Council on April 24, 25, 26 and 27, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (April 20, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and Confidential Appendices A and B to the report (April 20, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (April 20, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (April 20, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the revised March 15, 2018 settlement offer set out in Public Attachment 1 and Public Attachment 2 to the report (April 20, 2018) from the City Solicitor.

2.  City Council accept the settlement offer as set out in Confidential Appendices A and B to the report (April 20, 2018) from the City Solicitor.

3.  City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal that City Council supports a settlement in principle of the Official Plan Amendment and rezoning appeal related to 31 Parliament Street substantially in accordance with the plans dated April 12, 2018, subject to the following:

a.  a Zoning By-law amendment will be prepared for approval by the Local Planning Appeal Tribunal to implement a development substantially in accordance with the plans and drawings by Arquitectonica dated April 12, 2018, subject to revisions as required in relation to Parts 3.b. to 3.n. below;

b.  the development will consist of a maximum height of 137.4 metres, including the mechanical penthouse and a maximum of 37 storeys excluding the mezzanine levels;

c.  the maximum height of the base building will be 21.9 metres;

d.  the development will have a maximum gross floor area of 32,000 square metres;

e.  a minimum of 25 percent of the dwelling units in the development will be 2-bedrooms or larger and, within that minimum 25 percent, a minimum of 10 percent of the dwelling units will be 3-bedrooms units or larger, with the plans to be revised to achieve these minimum requirements; however, in the event that the review by Metrolinx results in the Local Planning Appeal Tribunal reducing the number of 3-bedroom units in the base building, the owner may make up the deficit of 3-bedroom units by providing an equivalent number of units (with a minimum unit size of 100 square metres, inclusive of an inset balcony to a maximum of 6 square metres) designed such that they could be converted into 3- bedroom units in accordance with the Ontario Building Code in order to achieve the minimum 10 percent requirement; for clarity, the requirement for a minimum of 25 percent of the dwelling units to be 2-bedroom units or larger would continue to apply;

f.  the amending zoning by-law shall secure bicycle parking ratios, amenity space, the building envelope and number of storeys substantially in accordance with the plans and drawings by Arquitectonica dated April 12, 2018, subject to revisions as required by these conditions;

g.  prior to the issuance by the Local Planning Appeal Tribunal of its Final Order, the owner shall prepare a Transportation Impact Report Addendum to the satisfaction of the General Manager, Transportation Services; the number of vehicular parking spaces may deviate from the number identified in the plans by Arquitectonica dated April 12, 2018, including the allocation of commercial parking spaces, provided a justification is made in the Addendum and accepted by the General Manager, Transportation Services;

h.  prior to the issuance by the Local Planning Appeal Tribunal of its Final Order, the owner shall prepare a revised Functional Servicing Report, a revised Stormwater Management Report and revised Hydrogeological Assessment to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

i.  prior to the issuance by the Local Planning Appeal Tribunal of its Final Order, the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

j.  prior to the issuance by the Local Planning Appeal Tribunal of its Final Order, the owner shall prepare a Pedestrian Wind Study Addendum to the satisfaction of the Chief Planner and Executive Director, City Planning with a more detailed wind study to be completed at the site plan approval stage;

k.  prior to the issuance by the Local Planning Appeal Tribunal of its Final Order, the owner shall prepare a revised Noise Impact Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

l.  the Local Planning Appeal Tribunal shall withhold its Final Order until Official Plan Amendment 394 is approved by the Province or, alternatively, the Province confirms that it has no objections to the proposed development;

m.  the Local Planning Appeal Tribunal shall withhold its Final Order until comments from Metrolinx are appropriately implemented to the satisfaction of the Chief Planner and Executive Director, City Planning in respect to impacts of the adjacent rail corridor upon development and fulfillment of Metrolinx's standard requirements, which may include requirements with respect to the proposed crash wall;

n.  prior to the issuance by the Local Planning Appeal Tribunal of its Final Order, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

i.  a cash contribution of $2,800,000 towards capital facilities within proximity of the subject site, with the allocation of such funds to be determined between the owner and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and payment to be made prior to the issuance of the first above-grade building permit for the development;

ii. the payment amount referred to in Part 3.n.i. above to be increased upwards by 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 of execution of the Section 37 Agreement to the date the payment is made to the City;

iii. in the event the cash contribution referred to in condition 3.n.i. above has not been used for the intended purpose(s) within three (3) years of the Zoning By-law coming into force and effect, the cash contribution may be redirected for another purposes(s), provided that the purposes(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; and

iv. the following matters are to be secured in the Section 37 Agreement as a legal convenience to support the development:

1.  a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning prior to the issuance of the site plan notice of approval conditions;

2.  landscape plans as part of the site plan approval that include the provision for street trees and landscaping along Parliament Street and along the proposed driveway, where appropriate, and paving on the private driveway that complements the character of the Distillery District to the satisfaction of the Chief Planner and Executive Director, City Planning;

3.  plans as part of site plan approval to ensure the north wall of the development is designed and well-lit to the satisfaction of the Chief Planner and Executive Director, City Planning;

4.  the owner shall prepare an Archaeological Monitoring and Mitigation Strategy to the satisfaction of the Senior Manager, Heritage Preservation Services prior to the issuance of the first building permit for the development; and

5.  any other items in order to secure the matters identified above; and

o.  the Local Planning Appeal Tribunal shall withhold its Final Order pending written confirmation from the City Solicitor that the Official Plan and Zoning By-law amendments are in a final form and satisfactory to the City.

4.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the final form of the Official Plan amendment, amending Zoning By-laws and other related planning instruments in accordance with City Council's decision.

Confidential Appendices A and B to the report (April 20, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).