Item - 2017.CC24.3

City Council on January 31, 2017, adopted the following:

1.  City Council amend Item TE17.21, adopted by City Council at its meeting of July 12, 13, 14 and 15, 2016, as follows:

a.  Clause1.b.v. be removed and replaced with:  the registration of a plan of subdivision and agreements, as appropriate, providing for amongst other things: the extension of Harbour Street through the site connecting Yonge Street to Freeland Street, including the proposed bi-directional cycle track on the south side of Harbour Street; intersection improvements for both the Yonge Street and Harbour Street and Yonge Street and Lake Shore Boulevard East intersections; and municipal services and infrastructure, all at the owner's expense, and including provisions for required conveyances and financial securities;

b.  Clause 1.c.vii.B be removed and replaced with: a cash contribution currently estimated at $8,500,000 towards the: two-way conversion of Harbour Street between Yonge and York Streets; full upgrade of Yonge Street from Queens Quay to Front Street; removal of the Bay Street on-ramp to the eastbound Gardiner Expressway; shortening of the Lower Jarvis off-ramp from the eastbound Gardiner Expressway; and/or re-construction of Lake Shore Boulevard East from Yonge Street to Lower Jarvis Street, all in accordance with the recommendations from the Lower Yonge Precinct Municipal Class Environmental Assessment; and

c.  add clause 1.b.vi.: submission of a Master Functional Servicing Plan for the Lower Yonge Precinct satisfactory to the Executive Director, Engineering and Construction Services, including securing implementation of such plan;

d.  Clause 3.a. be removed and replaced with: resolution of outstanding items outlined in the memo from City of Toronto, Development Engineering, dated May 4, 2016, particularly with respect to hydrogeological (i.e. groundwater) matters, to the satisfaction of the Executive Director, Engineering and Construction Services.  Where it is not possible to fully resolve outstanding items prior to a February 14, 2017 settlement Ontario Municipal Board hearing date because resolution is contingent on incorporating information that will be provided through the completion of the Waterfront Sanitary Servicing Master Plan Environmental Assessment Update, these remaining outstanding items will be fully resolved to the satisfaction of the Executive Director, Engineering and Construction Services, through pre-approval condition(s) to any future site plan approval(s), required prior to the earlier of site plan approval for the first building and the issuance of any building permit, including conditional permits;

e.  Clause 3.b. be removed and replaced with: submission of a Master Functional Servicing Plan for the Lower Yonge Precinct.  The Master Functional Servicing Plan cannot be completed until after the Waterfront Sanitary Servicing Master Plan Environmental Assessment Update, currently being undertaken by Toronto Water, is completed and the Master Functional Servicing Plan is updated, as appropriate, to reflect the results. The Master Functional Servicing Plan will be completed to the satisfaction of the Executive Director, Engineering and Construction Services, as a pre-approval condition to any future site plan approval(s), required prior to the earlier of site plan approval for the first building and the issuance of any building permit, including conditional permits;

f.  Clause 1.c.vii. be removed and replaced with: a cash contribution to the City prior to the issuance of the above-grade building permit for the second phase of development  (Tower 1 at 95 storeys or 294.3 metres), identified as Phase 2 in Attachment 9 to the report (May 16, 2016) from the Director, Community Planning, Toronto and East York District with the contribution to be used by the City towards the following capital improvements, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the local Councillor;

g.  Clause 1.f.vi. be removed and replaced with: the provision and maintenance of design excellence and materials for the tallest two towers, two tallest towers, Tower 1 not to exceed a height of 95 storeys (294.3 metres) and Tower 2 not to exceed a height of  80 storeys (250.8 metres);

h.  Clause 1.f.v be removed and replaced with: the design, construction, provision and maintenance of above and below-grade PATH connections through the proposed development, including the conveyance at nominal costs to the City of easement(s) for use by the general public, and the commitment of the landowner to facilitate the design, construction, provision and maintenance of a PATH connection from the PATH network's current terminus northwest of the subject property to the subject property and from the subject property to the remainder of the Lower Yonge Precinct Plan area. Such PATH connections will be in accordance with the recommendations of the Lower Yonge Precinct Plan;

i. Clause 4.a. be removed and replaced with: the off-site parkland selected for public parkland purposes shall be equal to the size of the on-site dedication and shall satisfy all Section 42 requirements for the development as such  development may be approved by the Ontario Municipal Board. The location of the off-site parkland shall be within the Lower Yonge Precinct Plan area and shall 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;

j. Clause 3.f. be removed; and

k. add clause 2.d.:resolution, including securing, of mitigation measures addressing compatibility with Redpath Sugar's industrial operations at 95 Queens Quay East.  Such measures may be secured in a 3 party agreement or other satisfactory agreement to the satisfaction of City Planning and the City Solicitor.

2. City Council authorize the City to enter into an Agreement of Purchase and Sale with terms satisfactory to the City Solicitor and the General Manager, Parks, Forestry and Recreation, and the Chief Planner and Executive Director, City Planning for the conveyance of an approximately one hectare centralized park within the Lower Yonge Precinct.  

3.  City Council direct the General Manager ,f Parks, Forestry and Recreation to include the following projects in the 2018 Capital Budget and 2019-2027 Capital Plan submission:

a. project to fund the acquisition of approximately 3,000 square metres of parkland for the completion of the acquisition of the remainder of the approximately one hectare centrally located park at market value, with a 2024 cash flow; and

b. project for the Lower Yonge Street Community Centre finishing of space to be provided by the developer.

4.  City Council direct that the approximately one hectare park to be conveyed to the City pursuant to such Agreement of Purchase and Sale would include the required parkland dedication pursuant to s. 42 of the Planning Act for 1-7 Yonge Street, 55-95 Lake Shore Boulevard East, 33-53 Freeland Street, and 2 and 15 Cooper Street calculated at the current rates for parkland dedication within the Lower Yonge Precinct.