Item - 2020.CC23.12

Tracking Status

  • City Council adopted this item on July 28, 2020 without amendments and without debate.

CC23.12 - 400 - 420 King Street West - Zoning By-law Amendment Application - Local Planning Appeal Tribunal Appeal - Request for Direction

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
10 - Spadina - Fort York

City Council Decision

City Council on July 28 and 29, 2020, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1, including Confidential Appendix C, to the report (July 21, 2020) from the City Solicitor remain confidential, as they contain advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (July 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council accept the Settlement Offer dated July 17, 2020, as set out in Public Appendix A to the report (July 21, 2020) from the City Solicitor, subject to Parts 2, 3 and 4 set out below.

 

2.  City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal  that City Council supports a settlement in principle for the Zoning By-law Amendment appeal for the property at 400-420 King Street West, as generally shown in the plans prepared by Hariri Pontarini Architects, dated July 4, 2019, subject to modifications to the satisfaction of the Chief Planner and Executive Director, City Planning, and subject to the following:

 

a.  the building have a maximum total gross floor area of 43,200 square metres, comprised of a maximum residential gross floor area of 39,850 square metres, and a minimum of 3,335 square metres of non-residential uses, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

b.  a minimum of 34 percent of the dwelling units in the development will be two (2)  bedrooms or larger, and a minimum of 10 percent of the dwelling units will be three (3) bedrooms or larger;

 

c.  indoor and outdoor amenity space be provided at the rate provided for in City of Toronto Zoning By-law 569-2013;

 

d.  a rate of 0.15 parking spaces per residential unit and a minimum of 22 vehicle parking spaces for non-residential use be provided;

 

e.  the parkland dedication requirement will be provided as cash-in-lieu of parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

 

f.  bicycle parking will be provided in accordance with the standards in Zoning By-law 569-2013 or the Toronto Green Standard, whichever is higher.

 

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

 

a.  the proposed Zoning By-law Amendment is finalized to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Owner;

 

b.  the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, with such report to review and determine whether the municipal water, sanitary and storm sewer systems can support the development proposed in the Revised Plans and whether upgrades or improvements to the existing municipal infrastructure are required;

 

c.  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 approved Functional Servicing and Stormwater Management Report, for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services;

 

d.  the Owner has withdrawn its appeal of Official Plan Amendment 352 and Zoning By-laws 1106-2016 and 1107-2016;

 

e.  the Owner has submitted a revised Noise Impact Study, to the satisfaction of the General Manager, Economic Development and Culture;

 

f.  the Owner and the City have entered into a Section 37 Agreement to the satisfaction of the City Solicitor to secure the following benefits:

 

i.  a cash contribution of six million dollars ($6,000,000.00) to be paid by the Owner prior to the issuance of the first above-grade building permit and to be allocated as follows: 10 percent toward new affordable housing, 10 percent toward Toronto Community Housing Corporation capital repairs, 40 percent toward arts and culture in Ward 10, and 40 percent toward parks and community services and facilities within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning and in consultation with the Ward Councillor;

 

ii.  the cash contribution referred to in Part 3.f.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

 

iii.  in the event the cash contribution referred to in Part 3.f.i. above has not been used for the determined purpose within three (3) years of the amending Zoning 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 the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and

 

g.  the Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

 

i.  the Owner will comply with the City's Tree By-laws to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry;

 

ii.  the Owner will provide and maintain a Privately-Owned and Publicly-Accessible Space with an approximate area of 115.9 square metres at the southwest corner of the property, with the specific location, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended; and

 

iii.  prior to the issuance of Site Plan Approval, the Owner shall convey to the City for nominal consideration a public pedestrian easement over the three-metre unobstructed pedestrian clearways along both King Street West and Charlotte Street, to the satisfaction of the Director, Community Planning, Toronto and East York District, and registered to the satisfaction of the City Solicitor.

 

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council' decision.

 

The balance of Confidential Attachment 1, including Confidential Appendix C, to the report (July 21, 2020) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client

Background Information (City Council)

(July 21, 2020) Report from the City Solicitor on 400 - 420 King Street West - Zoning By-law Amendment Application - Local Planning Appeal Tribunal Appeal - Request for Direction (CC23.12)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-152574.pdf
Public Appendix A - With Prejudice Settlement Offer
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-152575.pdf
Public Appendix B - Plans
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-152576.pdf
Confidential Attachment 1
Confidential Appendix C
Source: Toronto City Clerk at www.toronto.ca/council