Item - 2021.CC32.14

City Council on May 5 and 6, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy.

2.  City Council authorize the public release of the confidential instructions to staff  in Confidential Attachment 1, as amended, and Confidential Attachment 2 to the report (April 28, 2021) from the City Solicitor.

3.  City Council direct that the balance of the Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor were adopted by City Council, as amended by motion 1 by Councillor Joe Cressy, and are now public as follows:

1.  City Council accept the Settlement Offer, dated April 27, 2021 as set out in Confidential Attachment 2 to the report (April 28, 2021) from the City Solicitor, including the architectural plans and renderings dated March 19, 2021, and generally as set out the draft Zoning By-law, all as attached to the report (April 28, 2021)  from the City Solicitor.

2.  City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the proposal as amended in the Settlement Offer, as generally shown in the architectural plans prepared by Hariri Pontarini Architects, dated March 19, 2021, including but not limited to the following:

a.  a maximum building height of 209.6 metres inclusive of equipment for the functional operation of the building;

b.  a maximum gross floor area of 67,750 square metres, of which a minimum 8,000 square metres must be for non-residential uses;

c.  parking spaces at a minimum ratio of 0.17 spaces per dwelling unit for the use of building residents, and a minimum of 40 parking spaces for residential visitor and non-residential uses which may be provided in the form of a commercial parking garage;

d.  a minimum of 40 percent of the total dwelling units in the development will be 2-bedroom units or larger, of which 10 percent will be 3-bedroom units; and

e.  securing sufficient indoor and outdoor amenity space to the satisfaction of the Chief Planner.

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

a.  the draft Zoning By-law Amendments implementing the Settlement Offer are finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has entered into an Agreement with the City pursuant to Section 37 of the Planning Act with such Agreement to be registered on title to the lands satisfactory to the City Solicitor to secure community benefits at the owner's expense, with a value of $10,200,000 as follows:

i.  $4,000,000 towards the provision of affordable housing in the local Ward;

ii.  the provision of affordable rental dwelling units within the development on the lands, with terms of affordability securing a value of $6,200,000 calculated to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

iii.  the amount above will be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permit; and

iv.  in the event the cash contribution referred to in Part 3.b.i. above has not been used for the intended purpose within three (3) years of the issuance of first above grade building permit, 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;

c.  the owner has withdrawn its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as relates to the subject lands;

d.  the owner has withdrawn its appeal of Official Plan Amendment 486, being the King Spadina Secondary Plan, as relates to the subject lands;

e.  the owner has withdrawn its appeal of the King Spadina Heritage Conservation District Plan as relates to 100 Simcoe Street, 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;

f.  the owner has withdrawn its appeal of the intent to designate 100 Simcoe Street under the Ontario Heritage Act, or made arrangements satisfactory to the City Solicitor to effect such withdrawal;

g.  the owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

h.  the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades and road improvements are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

i.  the owner has satisfied any and all conditions recommended by City Council in its consideration of Item 2021.CC32.15, a related report (March 30, 2021) from the City Solicitor with respect to the intention to designate and to authorize alterations to 100 Simcoe Street.

4.  City Council direct that through the Site Plan approval application process staff will work with the applicant to secure the following matters:

a.  to minimize the height and overall size of the mechanical penthouse as part of a more detailed design;

b.  prior to the commencement of any demolition, shoring or excavation work, the owner agrees to submit, and thereafter implement, a construction management plan to address such matters as noise, dust, street closures, parking and laneway uses and access. Such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

c.  the owner shall submit a Pedestrian Level Wind Study and implement any wind mitigation measures recommended, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d.  the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site; and

e.  prior to site plan approval, the owner shall apply for Open Door Affordable Housing Program incentives for all affordable rental dwelling units within the development.

Confidential Attachment 2 to the report (April 28, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 o the report (April 28, 2021) 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.