Item - 2015.CC6.7

City Council on May 5, 6 and 7, 2015, adopted the following:

1.  City Council adopt the confidential recommendations attached to motion 1 by Councillor Kristyn Wong-Tam.

2.  City Council authorize the public release of the confidential recommendations attached to motion 1 by Councillor Kristyn Wong-Tam.

3.  City Council direct that Confidential Attachment 1 to the report (April 28, 2015) remain confidential in its entirety as it contains advice or communications that are subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City.

The following confidential recommendations attached to motion 1 by Councillor Kristyn Wong-Tam were adopted by City Council and are now public:

1. City Council advise the Ontario Municipal Board, subject to the resolution to the satisfaction of the City of all matters related to the appeal, that the City supports the settlement in principle of the zoning by-law appeal on the following basis:

a.  The development proposal shall have a maximum building height of 37 storeys, plus mechanical penthouse, for a total building height of 125.45 metres above an established grade of 99.65 metres.

b.  The development proposal shall have a maximum combined residential gross floor area and non-residential gross floor area of 32,420 square metres.

c.  The zoning by-law will establish permission to construct and use the lands and building for all purposes typically permitted in a Commercial Residential (CR) zone.

d.  The development proposal will be constructed substantially in accordance with the following plans, prepared by CORE Architects Inc.:

i.  Drawing A100a , Building Statistics, dated March 17, 2015;

ii.  Drawing A400, South Elevation, dated March 17, 2015;

iii.  Drawing A401, West Elevation, dated March 17, 2015;

iv.  Drawing A402, North Elevation, dated March 17, 2015;

v.  Drawing A403, East Elevation, dated March 17, 2015;

vi.  Drawing Nos. A200 – A202, parking Levels 1 to 5, dated January 19, 2015;

vii.  Drawing No. A203, Ground Floor Plan, dated January 19, 2015;

viii.  Drawing No. A204, Level 2, dated January 19, 2015;

ix.  Drawing No. A205a, Level 3-6, dated January 19, 2015;

x.  Drawing No. A205b, Level 7, dated January 19, 2015;

xi.  Drawing No. A206, Level 8, dated January 19, 2015;

xii.  Drawing No. A207, Level 9, dated January 19, 2015;

xiii  Drawing No. A208, Level 10 – 37, dated January 19, 2015;

xiv.  Drawing No. A211, Level Mechanical, dated January 19, 2015; and

xv.  Drawing No. A411, Section, dated January 19, 2015.

e.  The owner will provide community benefits, pursuant to section 37 of the Planning Act, consisting of the following:

a.  prior to the issuance of an above-grade building permit, the Owner shall provide an indexed cash payment of $3,250,000.00 to the City for community facilities, with $500,000.00 of such funds to be provided at such time as the zoning by-law is final and binding and the balance payable at the time of the first above-grade building permit.  In the alternative, City Council may elect, prior to June 16, 2015, to take community/cultural space, consisting of approximately 5,718 square feet of contiguous space on the second floor, plus a ground floor lobby of 211 square feet as shown on the drawings. Such space to be conveyed to the City for nominal consideration and used by the City as a community/cultural space in the nature of a "satellite" of the 519 Church Street Centre or for similar community centre type uses.  The community/cultural space will have a dedicated elevator providing access and be finished to the extent typically provided to a commercial tenant undertaking its own leasehold improvements. The community space shall be subject to a cost-sharing agreement for on-going building expenses on typical commercial terms with the other owners of the development proposal.  The provision of such community/cultural space is subject to the City accepting the resulting configuration of the rental housing replacement units as reflected on the above noted plans.  In the event the City determines to accept community/cultural space, the applicant shall provide, at the City's instance, either an additional $250,000.00 for interior improvements to such space or shall install interior improvements as requested by the City having such value for such space.  In the event the City does not elect to take the community/cultural space, the applicable drawings listed in paragraph (d) above shall be revised to the satisfaction of the Director, Community Planning, Toronto and East York District;

b.  the owner shall enter into an agreement under section 37 of the Planning Act to secure the obligations relating to rental housing demolition control and replacement of rental dwelling units on the lands with a suitable tenant assistance plan and securing the right of tenants to return to a new unit at similar rent; and

c.  a minimum of 10 percent of the dwelling units within the development proposal shall be three bedroom dwelling units.

2.  City Council request the Director, Community Planning, Toronto and East York District, in consultation with the City Solicitor and the Director, Real Estate Services, to report directly to the June 10 and 11, 2015 meeting of City Council on the community/cultural space option, including the following:

a.  the financial implications to the City in the event City Council were to elect to require the community/cultural space rather than the cash contribution of $3,250,000.00;

b.  identification of possible uses for, and operators of, the community/cultural space; and

c.  any additional terms and conditions that should be considered by City Council in determining whether or not to require the community/cultural space instead of the cash contribution.

3.  City Council request the Director, Community Planning, Toronto and East York District to report to the June 16, 2015 meeting of Toronto and East York Community Council with respect to rental housing demolition considerations and that City Council consider at its July 7 and 8, 2015 Council meeting the application under section 111 of the City of Toronto Act and measures as appropriate to address rental housing demolition and replacement considerations, with the applicant to enter into a rental housing protection agreement under section 111 of the City of Toronto Act to the satisfaction of the Director in consultation with the City Solicitor.

4.  City Council authorize the City Solicitor, in consultation with the Director, Community Planning, Toronto and East York District, to support Parts 1, 2 and 3 above to the Municipal Board and to finalize the elements of the settlement, including the final form of the minutes of settlement and other planning instruments in a form satisfactory to both parties prior to July 20, 2015.

Confidential Attachment 1 to the report (April 28, 2015) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City.