Item - 2018.TE32.43

The Toronto and East York Community Council recommends that:

1. City Council authorize entering into an agreement pursuant to Section 45(9.1) of the Planning Act as contemplated by the Committee of Adjustment in its Decision relating to Application A1066/17TEY, which agreement is in a form acceptable to the City Solicitor and which secures, among other matters, the conveyance by the owner of a minimum of 464.5 square meters of finished child care space to the City of Toronto at 19 Western Battery Road for nominal consideration and substantially on such terms as are set out in the Term Sheet, dated March 22, 2018, and included as Attachment 1 to the report (April 23, 2018) from the Director, Real Estate Services and the Acting Director, Community Planning, Toronto and East York District, with any such revisions , and any other terms as are deemed necessary and acceptable to the Chief Planner and Executive Director, City Planning and the Deputy City Manager, Internal Corporate Services, the General Manager, Children's Services and the General Manager, Parks, Forestry and Recreation, or their respective designates, as applicable.

2. City Council authorize the City to enter into such agreements and arrangements as may be required to facilitate the transaction contemplated in Recommendation 1 above, including, without limitation, agreements and arrangements relating to purchase and sale,  shared facilities, cost sharing, options, easements, licenses and leases, design, construction and  limiting distance areas as may be determined to be required and satisfactory to the Deputy City Manager, Internal Corporate Services or designate.

3. City Council authorize the City Solicitor to proceed with all actions necessary to complete the transaction contemplated in Recommendation 1 above for the acquisition of child care space by the City of Toronto, including paying any necessary expenses, and making arrangements for closing, due diligence and waivers and notices on such terms deemed appropriate.

4. City Council authorize the Chief Planner and Executive Director, City Planning to execute the Section 45(9.1) Agreement, referred to in Recommendation 1 above and that the Deputy City Manager, Internal Corporate Services or designate be authorized to execute all other documents relating to the real estate transaction as referred to in Recommendation 2 above.

5.  City Council authorize such other City Officials and City staff to take such action as may be necessary to implement the recommendations above, including implementing the terms of the Section 45(9.1) Agreement.

The owner of 19 Western Battery Road, Liberty Residences Inc., submitted Minor Variance Application A1066/17TEY to the Toronto Committee of Adjustment in connection with a 28 storey residential building currently under construction pursuant to site specific zoning.  Among other matters, the variances requested were to increase the maximum permitted height by three storeys, reduce parking requirements and permit a child care use.  An increase in podium height and other technical amendments that would allow the integration of child care space were also requested. City Planning had no objection to the application following consultation with Children's Services Division, Real Estate Services Division as well as Parks, Forestry and Recreation, and a report with recommendations was submitted to the Committee by the Acting Director, Community Planning, Toronto and East York District.

The application was approved subject to the provision of a minimum of 464.5 square meters of child care space and its conveyance to the City of Toronto in accordance with a Term Sheet, dated March 22, 2018 (Attachment 1) (the "Term Sheet").  The owner's obligations set out in the Term Sheet include design and construction of finished child care space, conveyance in the form of a condominium unit and the design of outdoor play space which the City will construct in an adjacent future park (the park is secured in existing subdivision agreements).  The City will be responsible to select a licensed operator of the child care space.  The Committee condition required that the owner's obligations be secured in an agreement with the City pursuant to Section 45(9.1) of the Planning Act and registered on title.  This report recommends and seeks the authority of City Council for execution of the Section 45(9.1) Agreement and other necessary documents for the conveyance of the child care space, on terms generally set out in the Term Sheet and other terms as may be acceptable.