Item - 2018.CC44.7

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (July 12, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (July 12, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (July 12, 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 (July 12, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the revised May 22, 2018 settlement offer set out in Public Attachment 1 and Public Attachment 2 to the report (July 12, 2018) from the City Solicitor.

2.  City Council accept the revised July 12, 2018 settlement offer set out in Public Attachment 3 and Confidential Appendix A to the report (July 12, 2018) from the City Solicitor subject to Parts 3 to 7 below.

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 33 and 37 Parliament Street substantially in accordance with the plans prepared by Architects Alliance Inc., dated June 29, 2018 and referenced in Appendix A, subject to modifications to the ground floor substantially in accordance with Appendix A if necessary in order to provide public pedestrian access to the privately-owned, publicly-accessible open space required by Part 4.h.D. below (the “Proposed Development”) to the satisfaction of the Chief Planner and Executive Director, City Planning, and subject to the following:

a. the development shall include the following components:

i. a tower form building having a maximum height of 32 storeys (plus mechanical penthouse) and a maximum height of 102.0 metres (inclusive of mechanical penthouse), excluding an elevator overrun (with a maximum height of 3 metres) sized and located to minimize any shadow impacts satisfactory to the Chief Planner and Executive Director, City Planning, and other elements set out in Part 3.a.v. below, and a maximum floor plate of:

A.  770 square metres gross construction area (not including balconies) for floors 10 to 30; and

B.  640 square metres gross construction area (not including balconies) for floors 31 to 32;

ii.  a 5 storey north-south oriented base building along Parliament Street with a maximum height of 19 metres, not including elements set out in Part 3.a.v. below;

iii.  a 7 storey component at the corner of Parliament Street and Distillery Lane with a minimum stepback of 3 metres above the 5 storey base building from Parliament Street and Distillery Lane, subject to a 9 storey projection as shown on the Plans, where the 7 storey component has a maximum height of 25 metres, not including elements set out in Part 3. a. v. below;

iv.  a 9 storey east-west podium building with a maximum height of 31.5 metres, not including staircase enclosure to the satisfaction of the Chief Planner and Executive Director, City Planning, and other elements set out in Part 3.a.v. below; and

v.  parapets, railings, terrace dividers, an outdoor pool and other structures related to outdoor amenity areas, mechanical flues, window washing equipment, architectural features etc., may project beyond the height limits identified in Parts 3. a. i. to i.v. above subject to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  balcony projections of up to 1.5 metres in depth are permitted on the north, east and south facing elevations of the tower starting on the 8th storey, no balcony projections shall be permitted on the west-facing elevation of the proposed tower, the 9-storey east-west podium building and the 5-storey base building;

c.  maximum gross floor area of 35,500 square metres;

d.  a minimum of 3.5 square metres per dwelling unit of residential amenity space (indoor and outdoor) of which a minimum of 40 square metres of outdoor amenity space will be directly accessible from an indoor amenity area;

e.  parking spaces will be provided at the following minimum rates:

A. .50 parking spaces per dwelling unit;

B. .1 parking spaces for residential visitor;

C. 1 parking spaces per 100 square metres of non-residential gross floor area (in accordance with By-law 569-2013); and

D. the parking spaces provided for residential visitors and for the non-residential gross floor area may be provided as public parking; or alternatively, at such lesser rates satisfactory to the General Manager, Transportation Services if supported by a Transportation Impact Report Addendum as specified in Part 4.f. below;

f.  the provision of bicycle parking in accordance with the applicable minimum ratios under By-law 569-2013; and

g.  the provision of a minimum of 10 percent of the residential dwelling units within the Proposed Development as three-bedroom dwelling units and a minimum of 25 percent of the residential dwelling units within the Proposed Development as two-bedroom dwelling units;

4.  Prior to the issuance of the final order from the Local Planning Appeal Tribunal:

a.  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 of Engineering and Construction Services;

b.  the Owner shall enter 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;

c.  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, where such additional study shall be secured in the section 37 agreement as a matter of legal convenience;

d.  the Owner shall prepare a Noise and Vibration Impact Study Addendum to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Manager, Rail Corridor Management Office, Metrolinx;

e.  the Owner shall submit an Archaeological Monitoring and Mitigation Strategy to the satisfaction of the Senior Manager, Heritage Preservation Services;

f.  the Owner shall prepare a Transportation Impact Report Addendum to the satisfaction of the General Manager, Transportation Services which shall include a parking study including a parking utilization survey of a proxy site(s) in support of a reduction of the vehicular parking ratios, satisfactory to the General Manager, Transportation Services;

g.  the Province shall have approved Official Plan Amendment 394 or, alternatively, the Province shall have confirmed that it has no objections to the Proposed Development;

h.  the Owner shall enter into an Agreement with the City pursuant to Section 37 of the Planning Act, which secures, among other things:

A.  a cash contribution in the amount of $2,850,000 towards capital facilities within proximity of the Property, with the allocation of such funds to be allocated to be determined between the Owner and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, payable prior to the issuance of the first Above-Grade Building Permit;

B. the payment amount referred to in Part 4. h. A. above shall be increased by upwards index in accordance with the Apartment Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date such payment is made;

C.  in the event the cash contribution referred to in Part 4. h. A 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 Official Plan and will benefit the community in the vicinity of the Property; and

D.  the following matters are to be secured as a legal convenience to support the development:

a.  the provision by the Owner of a privately-owned, publicly-accessible open space easement to the City for nominal consideration with a minimum area of 300 square metres adjacent to an outdoor patio area(s), subject to temporary closures of the publicly-accessible open space on terms and conditions and to include publicly-accessible open space signage as per City guidelines satisfactory to the Chief Planner and Executive Director, City Planning and permitted encroachments, the details of which are to be secured as part of the site plan approval;

b.  the Proposed Development will incorporate a curtain wall or glazing system on the west facing wall of the tower above the podium levels, the details of which shall be secured as part of the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

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

d.  the provision by the Owner of landscape plans as part of the site plan approval process that include the provision of 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;

e.  prior to the issuance of the first Above-Grade Building Permit, the Owner shall retain a consultant archaeologist, licensed by the Ministry of Tourism, Culture and Sport, under the provision of the Ontario Heritage Act to carry out a program of archaeological monitoring to occur when bulk excavation approaches an elevation of approximately 76 metres above sea level to ensure that any remains of the 1859 Gooderham and Worts Parliament Street wharf and any other lakefill engineering systems that may be present are documented.  During preliminary site work, the site should be visited regularly by the consultant to inspect the progress of the perimeter shoring and any other soil removals processes to the satisfaction of the Senior Manager, Heritage Preservation Services;

f.  the provision by the Owner of the relevant assessment reports from the consultant archaeologist identified in (e) above to the City in both hard copy format and digital format prior to the issuance of the first Above-Grade Building Permit;

g.  prior to the issuance of the first Above-Grade Building Permit, the Owner shall incorporate any significant archaeological resources and findings into the proposed development through in situ preservation and interpretation where feasible, or will be commemorated and interpreted through exhibition development on site including, but not limited to commemorative plaquing to the satisfaction of the Senior Manager, Heritage Preservation Services;

h.  the provision by the Owner of pet friendly amenities within its indoor and/or outdoor amenity areas as part of the Proposed Development, to be secured as part of the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

i.  for any periods where pedestrian access cannot be accommodated on Distillery Lane, the Owner shall ensure that all non-residential uses and publicly-accessible open space fronting on Distillery Lane will have pedestrian access to Parliament Street or the private driveway on the south side of the Lands to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the Owner agrees to explore the possibility of providing knock-out panels or other means to connect the underground parking garage of the Proposed Development with existing and/or planned underground parking garages on adjacent sites, and to consolidate loading and driveway accesses, to be secured as part of the approved plans in the site plan application, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. 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.

5.  City Council direct Staff to request the Tribunal to approve such modifications, if any, or otherwise provide such relief as may be necessary to Official Plan Amendment 304, the future Downtown Secondary Plan and any other City instruments in order to permit the Proposed Development to be constructed in a manner that implements the terms of this settlement provided the Owner not object to modifications to Official Plan Amendment 304 satisfactory to the Chief Planner and Executive Director, City Planning in order to implement this settlement.

6.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to consent to amendments to Official Plan Amendment 304 before the Local Planning Appeal Tribunal in accordance with the settlements adopted by Council for the Triangle Lands.

7. 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 the above conditions.

Confidential Appendix A to the report (July 12, 2018) 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 (July 12, 2018) 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.