Item - 2019.CC10.9

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 20, 2019) from the City Solicitor, as amended by the confidential instructions to staff in the supplementary report (September 27, 2019) from the City Solicitor and the confidential attachments to motions 1 and 2 by Councillor Kristyn Wong-Tam.

2. City Council replace Confidential Attachment 2 to the supplementary report (September 27, 2019) from the City Solicitor with the Revised Confidential Attachment 2 on file with the City Clerk.

3. City Council authorize the City Solicitor, in the City Solicitor's sole discretion, to publicly disclose the following:

a. the confidential instructions to staff adopted by City Council, as amended; and

b. Confidential Appendices A, B, C, D, E and F to the report (September 20, 2019) from the City Solicitor.

4. City Council direct that the balance of Confidential Attachment 1 to the report (September 20, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

5. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (September 27, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

6. City Council direct that Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, subject to the owner's consent to release those documents.

The confidential instructions to staff adopted by City Council, as amended, and Confidential Appendices A, B, C, D, E, and F to the report (September 20, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006 as they contain information that is subject to solicitor-client privilege. The confidential instructions to staff adopted by City Council, as amended, and Confidential Appendices A, B, C, D, E, and F to the report (September 20, 2019) from the City Solicitor will be made public at the City Solicitor's sole discretion.

The balance of  Confidential Attachment 1 to the report (September 20, 2019) 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.

The balance of  Confidential Attachment 1 to the supplementary report (September 27, 2019) 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.

Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor, subject to the owner's consent to release those documents.

November 4, 2019

The confidential instructions to staff adopted by City Council, as amended, are now public as follows:

1. City Council direct the City Solicitor to oppose the with-prejudice resubmission submitted on July 9, 2019 at the Local Planning Appeal Tribunal.

2. City Council accept the Settlement Offer dated October 3, 2019 set out as Revised Attachment 2 to the supplementary report (September 27, 2019) from the City Solicitor pending confirmation to the satisfaction of the City Solicitor that the owner has confirmed its ownership interest in 6 Wellesley Street West and City Council direct the City Solicitor to attend before the Local Planning Appeal Tribunal in support of the revised proposal subject to the following conditions:

a. the Settlement Offer is based on the plans prepared by IBI dated September 24, 2019 set out in Confidential Attachment 3 to the supplementary report (September 27, 2019) from the City Solicitor, and subject to the following:

1. the maximum residential gross floor area will be 37,030 square metres, with a maximum overall gross floor area of 37,500 square metres;

2. there will be no projecting balconies are within the 20 metre and 3 metre tower setbacks on the west side of the building;

3. balconies within the 10 metre tower setback on the east side of the building are restricted to 30 percent of the building face, with any such balconies to be used to provide articulation to the building;

4. no projecting balconies are within the 6 metre reveal on the south side of the building;

5. no balconies project more than 1.5 metres;

6. the new seventh storey component along Wellesley Street West is set back as far as the main wall of the retained buildings at 10 - 16 Wellesley Street West at the first two storeys, then stepped back to align with the reveal above the retained buildings at 10 - 16 Wellesley Street West at the third to seventh storey;

7. the building complies with the 75 degree angular plane measured from Yonge Street;

8. the north wall shall be a blank wall at least up to the ninth storey as shown on Confidential Attachment 3 to the supplementary report (September 27, 2019) from the City Solicitor; 

9. the maximum building height is 165.2 metres (excluding mechanical) and the proposed number of storeys for the building is a maximum of 55 storeys;

10. indoor amenity space is provided at a rate of 2.0 square metres per unit and outdoor amenity space at a rate of 1.3 square metres;

11. a minimum of 10 percent 3-bedroom units and 25 percent 2-bedroom units will be provided;

12. vehicular parking will be provided, at a minimum, at a rate of .15 spaces per unit for residential parking and .045 spaces per unit for visitor parking;

13. bicycle parking will be provided in accordance with the Toronto Green Standard;

14. conveyance to the City of a 0.9 metre wide strip, being the dimension between the property line and the protruding windows of 10 - 16 Wellesley Street West, along the entire Wellesley Street frontage, and conveyance to the City of a 0.72 metre strip along the public lane that abuts the site on the east side of 8 Wellesley Street West;

15. the owner entering into an appropriate agreement or restriction, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, to limit future redevelopment on the Yonge Street portion of the owner's lands at 586/586A Yonge Street; and

16. the owner working with City staff on the urban design of the building, and to determine the building materiality, site design and streetscape treatment (including St. Nicholas Street), through a future site plan control application;

b. parkland will be satisfied through cash-in-lieu of parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code;

c. should arrangements be made by the owner by January 13, 2020 to secure and convey to the satisfaction of the City a mutually acceptable property at the owner's expense, the owner and the City will make arrangements for the residential property to be transferred to the City, prior to the registration of a future condominium on the property to be operated by a non-profit housing provider to fulfill its Section 37 contribution requirement; the purchase price of the Affordable Housing Property shall be no more than $8,000,000 (including closing costs, transfer tax and registration fees); if the purchase price is less than $8,000,000, the owner shall pay the difference by way of a cash contribution to the City. In the alternative, if such arrangements are not made to the satisfaction of the City by January 13, 2020, the owner will provide a cash contribution in the amount of $8,000,000, upwardly indexed, prior to the first above-grade building permit for the development;

d. the Local Planning Appeal Tribunal withhold any final Order pending confirmation of the following in writing from the City Solicitor:

1. the Zoning By-law Amendments have been finalized to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor;

2. the owner has provided a revised Functional Servicing and Stormwater Management Report and supporting documents to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

3. necessary information has been provided to the satisfaction of the General Manager, Transportation Services with respect to the loading and parking arrangements on the property;

4. a Heritage Easement Agreement has been entered into and registered on title to 6 - 16 Wellesley Street West, 5 and 7 St. Nicholas Street and 586 Yonge Street satisfactory to the Senior Manager, Heritage Preservation Services and the City Solicitor;

5. a Conservation Plan has been submitted satisfactory to the Senior Manager, Heritage Preservation Services;

6. an agreement has been entered into with the City pursuant to Section 37 of the Planning Act; and

7. confirmation that the owner has entered into agreements satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor to limit future redevelopment on the Yonge Street portion the owners lands at 586/586A Yonge Street; and

e. the appeals of the Historic Yonge Heritage Conservation District Plan, Official Plan Amendment 352 (Downtown Tower Separation) and the associated Zoning By-laws (By-laws 1106-2016 and 1107-2016), and Official Plan Amendment 183 (North Downtown Yonge Site and Area Specific Policy 382) will be withdrawn upon the Local Planning Appeal Tribunal issuing an Order allowing its appeal in part, bringing into force the Zoning By-law Amendments for the property, with all appeal periods having expired.

3. City Council state its intention to designate the properties at 10-16 Wellesley Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 10-16 Wellesley Street West (Reasons for Designation) attached as Confidential Appendix B to the report (September 20, 2019) from the City Solicitor.

4. City Council state its intention to designate the property at 586 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 586 Yonge Street (Reasons for Designation) attached as Confidential Appendix C to the report (September 20, 2019) from the City Solicitor.

5. City Council state its intention to designate the property at 5 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 5 St. Nicholas Street (Reasons for Designation) attached as Confidential Appendix D to the report (September 20, 2019) from the City Solicitor.

6. City Council state its intention to designate the property at 7 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7 St. Nicholas Street (Reasons for Designation) attached as Confidential Appendix E to the report (September 20, 2019) from the City Solicitor.

7. If there are no objections to the designations in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

8. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

9. If the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of City Council's decision on the designation of the property.

10. City Council approve the alterations to the heritage property at 10-16 Wellesley Street West, 5-7 St. Nicholas Street, and 586 Yonge Street, in accordance with Section33 of the Ontario Heritage Act, to allow for the construction of a new mixed use building on the lands known municipally in the year 2019 as 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street, with such alterations substantially in accordance with plans and drawings dated September 18, 2019 prepared by IBI Group Architects Inc., and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by Goldsmith and Borgal Company Ltd. Architects, dated November 24, 2017 and revised September 18, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. prior to any Local Planning Appeals Tribunal Order issuing in connection with the Zoning By-law Amendment appeal, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street in accordance with the plans and drawings dated September 18, 2019 prepared by IBI Group Architects Inc., and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment, prepared by Goldsmith and Borgal Company Ltd. Architects, dated November 24, 2017 and revised September 18, 2019, and in accordance with the Conservation Plan required in Part 10.a.2 below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street prepared Goldsmith and Borgal Company Ltd. Architects, dated November 24, 2017 and revised September 18, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. enter into and register on the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations; and

b. prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street the owner shall:

1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 10.a.2 above to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties 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;

5. provide an Interpretation Plan for the subject property, 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; and

6. provide a retail strategy for the Wellesley Street frontage that preserves a small-scale retail character to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. prior to the issuance of any permit for all or any part of the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 10.a.2 above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. 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, Heritage Lighting Plan, and Interpretation Plan; and

d. prior to the release of the Letter of Credit required in Part 10.c.3 above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

11. City Council direct that the owner shall withdraw its appeal(s) of the Historic Yonge Heritage Conservation District Plan upon the Local Planning Appeals Tribunal Order allowing the appeal in part of the Zoning Amendments, bringing such By-laws into force, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals.

12. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

13. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 6-16 Wellesley Street West, 5-7 St. Nicholas Street and 586 Yonge Street.

14. City Council instruct the Chief Planner and Executive Director, City Planning in consultation with Transportation Services, Parks, Forestry and Recreation and any other necessary City Officials, to create an advisory working group and to consult with the local community as part of the Site Plan process, including the local residents association and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act: a construction and traffic management plan, landscape and public realm plans, building materials and lighting, and other issues as identified by the Ward Councillor.

Confidential Appendices A, B, C, D, E and F to the report (September 20, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Attachments 2 (revised) and 3 to the supplementary report (September 27, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of  Confidential Attachment 1 to the report (September 20, 2019) 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.

The balance of Confidential Attachment 1 to the supplementary report (September 27, 2019) 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.