Item - 2021.CC28.8

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (January 26, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer and direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in support of the Revised Proposed.

2.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure benefits under Section 37 of the Planning Act as follows:

a.  a cash contribution of a minimum of $14,750,000.00 to be allocated equally between capital improvements for new or existing affordable housing, cultural or recreational facilities in Ward 13, local area streetscape capital improvements, and local area park capital improvements as may be required by the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, should the proposal be approved in some form by the Local Planning Appeal Tribunal;

b.  the amount of the cash contribution in Part 2.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Owner to the City; and

c.  in the event that the cash contribution in Part 2.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site.

3.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

4.  City Council direct that the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development if approved by the Local Planning Appeal Tribunal:

a.  the owner shall provide an on-site parkland dedication of 238 square metres, in satisfaction of the Section 42 requirements of the Planning Act; the parkland will be conveyed to the City prior to the issuance of the first above grade building permit to the satisfaction of the City Solicitor; and base park improvements are to be constructed within one year of the issuance of an above grade building permit, and above-base park improvements will be provided as a credit against the Parks and Recreation component of the development charges applicable to the site;

b.  the owner shall provide a minimum of 8,282 square metres of gross floor area within the development for the purposes of on-site office space replacement; the owner also agrees to provisions within the site-specific by-laws for the potential further provision of office space for a total of 14,554 square metres of office gross floor area on the site;

c.  the owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate;

d.  the owner submit an updated  Noise and Vibration Study, Wind Study, Parking and Traffic Impact Study, Landscape Plan, and other studies or reports as may be required through the Site Plan approval process for the Site and implement any required revisions or mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

e.  the owner will secure matters such as materiality, articulation and design of the proposed building, as well as site design, landscape and streetscape treatment through the Site Plan approval process; and

g.  the owner shall develop an interpretation/commemoration plan for the existing building on site, to be implemented as part of the Site Plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning.

5.  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 in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity and Storm Water Management Report (the “Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

e.  the owner has submitted a revised Transportation Impact Study and Parking Supply Justification acceptable to, and to the satisfaction of, the General Manager, Transportation Services;

f.  the owner has submitted a revised Pedestrian Level Wind Study, acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

g.  the owner has submitted a revised Energy Strategy Report acceptable to, and to the satisfaction of, the Manager, Energy Efficiency Office, Environment and Energy;

h.  the owner has revised all plans and reports to show the location of Toronto Transit Commission infrastructure adjacent to the development site and ensure that a 3 metre clearance is maintained between the proposed development, including all below grade and above grade structures, to all Toronto Transit Commission infrastructure, all to the satisfaction of the Manager, Technical Review, Toronto Transit Commission and the Chief Planner and Executive Director, City Planning;

i.  the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters described in Part 3 above as matters agreed to and/or required in support of the development of the Site;

j.  the owner has withdrawn their appeal of Official Plan Amendment 183 – North Downtown Yonge Site and Area Specific Policy 382 as it relates to the Site;

k.  the owner has withdrawn their appeal of Official Plan Amendment 231 with respect to office replacement policies as it relates to the Site; and

l.  the owner has withdrawn their appeal of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016 with respect to Tall Building Setbacks as they relate to the Site.

6.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Attachment 2 to the report (January 26, 2021) 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 (January 26, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.