Item - 2016.TE20.8

City Council on December 13, 14 and 15, 2016, adopted the following:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the supplementary report (December 14, 2016) from the City Solicitor.

2.  City Council authorize the public release of Confidential Recommendation 2 contained in Confidential Attachment 1 to the supplementary report (December 14, 2016) from the City Solicitor, at the discretion of the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (December 14, 2016) from the City Solicitor remain confidential.

Confidential Recommendation 2 contained in Confidential Attachment 1 to the supplementary report (December 14, 2016) from the City Solicitor was adopted by City Council and is now public:

2.  City Council adopt the recommendations set out in the report (October 27, 2016) from the Director, Community Planning, Toronto and East York District.

Recommendations in the report (October 27, 2016) from the Director, Community Planning, Toronto and East York District:

1. City Council direct the City Solicitor, together with City Planning and other appropriate staff to attend at the Ontario Municipal Board in support of the proposal described in the report from the Director, Community Planning, Toronto and East York District, (August 18, 2016) "20 Edward Street – Zoning Amendment Application – Final Report".

2. City Council direct the City Solicitor, in the event that the Ontario Municipal Board allows the appeal in whole or in part, to request that the Board require the Owner to agree to the following park matters, to be secured as a convenience under Section 37 of the Planning Act:

a. that prior to the issuance of the first above-grade building permit for the site, the Owner shall convey an off-site dedication for parkland purposes to the satisfaction of the General Manager, Parks Forestry and Recreation in consultation with the Ward Councillor;

b. the value of the off-site parkland dedication shall be equal to the value of 0.0253 hectares (253 square metres) on-site dedication as appraised by Real Estate Services as of the day before the day the first above grade building permit is issued. The location of the off-site parkland will be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor. The land to be conveyed as off-site parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks Forestry and Recreation;

c. should the Owner not have achieved the off-site parkland dedication requirement prior to the issuance of the first above-grade building permit, the Owner is required to submit a Letter of Credit to the value of the Section 42 requirement the day before the day the first above-grade building permit is issued. Should the off-site parkland dedication not be conveyed by the first registration of the condominium or first occupancy of the building the City may cash the Letter of Credit and apply the proceeds to be paid towards the cash-in-lieu payment;

d. the Owner to pay for the costs of the parkland dedication and the preparation and registration of all relevant documents. The Owner shall provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans for the parkland dedication; and

e. should the applicant design and construct Above Base Park improvements, 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.

3. City Council direct the City Solicitor, in the event that Ontario Municipal Board allows the appeal in whole or in part, to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as the Owner submit a revised Functional Servicing Report and a revised Supplementary Hydrological Evaluation for Construction Report to the satisfaction of the Executive Director, Engineering and Construction Services.

4. City Council direct the City Solicitor, in the event that the Ontario Municipal Board allows the appeal in whole or in part, to request that the Board withhold any order to approve a Zoning By-law Amendment for the subject lands until such time as the Owner enters into one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning on the basis that the community benefits to be provided by and at the Owner's expense and secured through the Zoning By-law Amendment and the required Section 37 Agreement are as follows:

i. an indexed cash contribution of $3,500,000.00 to be paid or secured as noted below in the Section 37 Agreement. The total amounts are indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date the Section 37 Agreement to the date of payments and is detail as follows:

a. prior to the issuance of the first above-grade building permit the owner shall provide an indexed cash contribution to the City in the amount of $3,500,000.00 to be allocated to capital improvements which will benefit the community in the vicinity of the project such as, but not limited to, an underground pedestrian tunnel (PATH connection) connecting the subject property to the property at 595 Bay Street (Atrium on Bay), non-profit licensed daycare facilities, community centres, recreation facilities, libraries, arts related community space, local streetscape improvements, capital improvements to Toronto Community Housing in Ward 27, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and improvements to public parks in the area or for parkland acquisition in Ward 27, such parkland to be to the satisfaction of the General Manager, Park, Forestry and Recreation;

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

i. the Owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 72 square metres on the northwest corner of the site as a Privately-Owned Publicly Accessible Space (POPS) and provide public access easements to hand over the POPS, for use by members of the general public, for nominal consideration, to the City, such easement to be conveyed to the City prior to the earlier of the issuance of any site plan approval for the site and the issuance of any building permit for the site and with the specific location, configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval. The Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year. The Owner shall have completed the construction of the POPS prior to the earlier of any new commercial or any residential use of the site and registration of any condominium on the site;

ii. the Owner shall at its expense provide knock-out panels along the north and east walls of the concourse level of the building for potential future underground pedestrian network connections, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. the Owner shall at its expense design, construct, and finish in accordance with TTC’s standards and specifications a TTC second exit/entrance facility from Dundas Subway Station through the development to Edward Street, which shall include fare gate equipment and related appurtenances. The TTC second exit/entrance facility shall be constructed within the development, more specifically at the southeast quadrant of the proposed development to the satisfaction of the TTC in consultation with the Chief Planner and Executive Director, City Planning. The second exit/entrance facility shall include a knock-out panel at the concourse level to facilitate a direct connection to a future pedestrian tunnel that will be constructed below grade within the Edward Street right-of-way that will connect the southbound platform of Dundas Subway Station to the second exit/entrance facility within the development;

iv. the Owner shall, prior to the issuance of a below-grade permit, complete a Toronto Transit Commission technical review(s) respecting the development and the TTC second exit/entrance facility, and shall address all concerns arising from the technical review(s) to the satisfaction of the TTC in consultation with the Chief Planner and Executive Director, City Planning;

v. the Owner shall convey an easement or fee simple conveyance to the City and TTC, at its election, for access and other rights as may be required for the TTC second exit/entrance facility over and through the portion of development lands owned by the Owner;

vi. the Owner shall enter into agreement(s) with the TTC that will set out the Owner’s obligations to construct and maintain a new exit/entrance within the development and the necessary easements in place for public egress and ingress. The terms of the agreement shall be negotiated with the Owner, in consultation with the Chief Planner and Executive Director, City Planning and the agreement shall be to the satisfaction of TTC in consultation with the Chief Planner and Executive Director, City Planning;

vii. the Owner shall pay for and construct upgrades the municipal infrastructure should it be determined that such upgrades are required to support the development in accordance with the servicing report accepted by the Executive Director, Engineering and Construction Services. The Owner agrees to enter into a Municipal Infrastructure Agreement to secure the construction of the infrastructure upgrades as required, as a condition of approval of the Site Plan Control application; and

viii. those matters pertaining to park land set out in Part 3 above; and

c. in the event that the cash contributions referred to in Part a above has not be used for the intended purpose within 3 years of this By-law coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

The balance of Confidential Attachment 1 to the supplementary report (December 14, 2016) from the City Solicitor remains confidential 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 pertains to litigation or potential litigation.