Item - 2021.CC35.15

City Council on July 14, 15 and 16, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) 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 5, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the with prejudice Settlement Offer, dated June 30, 2021, in Public Attachment 1 to the report (July 5, 2021) from the City Solicitor and as generally shown on the Revised Plans dated June 30, 2020, in Public Attachment 2 to the report (July 5, 2021) from the City Solicitor, subject to the Parts 2 to 5 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the revised proposal as set out in the with prejudice Settlement Offer dated June 30, 2021, in Public Attachment 1 to the report (July 5, 2021) from the City Solicitor and as generally shown on the Revised Plans, dated June 30, 2020, in Public Attachment 2 to the report (July 5, 2021) from the City Solicitor.

3.  City Council authorize entering into an Agreement pursuant to Section 37 of the Planning Act as follows, satisfactory to the City Solicitor:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  an indexed cash contribution of $4,500,000 to be paid by the Application to the City and to be allocated as follows:

1.  $1,500,000 towards public art;

2.  $1,000,000 towards new off-site affordable housing;

3.  $1,000,000 towards arts and culture in Ward 10; and

4.  $1,000,000 for the study of and/or capital investment in the implementation of the Downtown Parks and Public Realm Plan;

ii.  all cash contribution referred to in Part 3.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made; and

iii.  in the event the cash contribution referred to in Part 3.a.i. above has not been used for the intended purposes within three (3) years of the By-laws 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 Ward 10; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  prior to the issuance of Site Plan Approval, the Applicant shall conduct and submit to the City a wind tunnel study for the proposed development and shall incorporate the recommendations of that study into the final site plan approval drawings, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  prior to the issuance of Site Plan Approval, the Applicant shall explore as part of the site plan application approval process retaining part of the Canadian National Express Shed Building, or a bay, in addition to its documentation and interpretation of the building in accordance with the revised Heritage Impact Assessment referred to in Part 4.f. below, to the satisfaction of the Senior Manager, Heritage Planning;

iii.  prior to the issuance of Site Plan Approval, the Applicant shall design the proposal to, at a minimum, achieve the Energy Efficiency and Greenhouse Gases targets of the Toronto Green Standards Tier 2 and shall also assess the commercial and engineering feasibility of pursing Toronto Green Standards Tier 4 standards in whole or in part for the development, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv.  prior to the issuance of Site Plan Approval, the Applicant shall submit a streetscape plan detailing improvements to Station Street to be implemented by the Applicant in support of the development and which will include, but not be limited to, details regarding landscaping, lighting, paving and curbing details, sidewalk treatment, outdoor seating and vegetation, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manger, Transportation Services;

v.  prior to the issuance of Site Plan Approval, the Applicant shall explore as part of the site plan application approval process the location of the stairs leading up to the main entrance on Simcoe Street, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vi.  prior to the issuance of Site Plan Approval, the Applicant shall prepare a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council instruct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold its final order on the Zoning By-law and Official Plan Amendment applications until such time as the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, and includes the following:

i.  the proposed building shall have an east-west tower width to a maximum of 87 metres and a maximum height of 286 metres, including mechanical penthouse, as shown on the Revised Plans; and

ii.  the portion of the proposed building that is immediately adjacent to the existing building at 20 York Street has a height that is lower than the cornice line of 20 York Street;

b.  the proposed Official Plan Amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

c.  the City and the Applicant have entered into and registered a Section 37 Agreement securing the benefits outlined in Part 3, above, all the satisfaction of the City Solicitor;

d.  all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

e.  the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report, Stormwater Management Report and Hydrogeological Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

f.  the Applicant has submitted a revised Heritage Impact Assessment that includes the complete Documentation and Interpretation Plan for the SkyWalk and the Canadian National Express Shed Building and a detailed Conservation Plan for the heritage buildings at 20 York Street and 151 Front Street West, all to the satisfaction of the Senior Manager, Heritage Planning.

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

The balance of Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remains confidential at this time 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 report (July 5, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.