Item - 2017.MM24.37

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

1. Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 30, 2017) from the City Solicitor.

2. Council authorize the public release of the confidential instructions to staff in Confidential 1 to the report (January 30, 2017) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 remain confidential.

The following confidential instructions to staff in Confidential Attachment 1 to the report (January 30, 2017) from the City Solicitor were adopted by City Council and are now public:

1. City Council authorize the City Solicitor to advise the Ontario Municipal Board that, subject to the resolution to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor of all matters related to the appeal, the City supports the settlement of the Zoning By-law appeal for the development proposal on the basis set out below:

a. The height of the building (inclusive of mechanicals) will be a maximum of 145.0 metres.

b. A parapet line at the 6-storey height of the taller heritage building (409 King Street West) will extend to the west along King Street to within approximately 18.25 metres of the northwest corner of the building.

c. Above this parapet line along King Street, there will be:

i. a 5 metre step back above the heritage buildings (401 and 409 King Street West) approximately to the height of the adjacent building to the east at 399 King Street West, and above that the building face will return 2 metres to the north, so that the building face is setback 3 metres from the heritage façades; and

ii. a 3 metre step back to the west of the heritage buildings.

d. Along Spadina Avenue, there will be a street wall height of approximately 44.25 metres, and this street wall height will wrap around the King-Spadina corner and extend approximately 18.25 metres to the east along King Street.

e. At the Spadina Avenue street wall height of approximately 44.25 metres, the tower will step back from Spadina Avenue approximately 10.8 metres, and the tower will step back a further 3 metres at Spadina from a height of approximately 71.1 metres.

f. The tower will be setback 7 metres from the east property line.

g. The tower will be setback from the centre line of the public lane to the south by an average of 10 metres, consistent with settlement plans provided to the City.

h. The tower floor plate size will be a maximum 875 square metres above a height of 71.1 metres, and a maximum 940 square metres from a height of 47.25 metres to 71.1 metres.

i. The integration of the King Street heritage façades with the north face of the podium will be substantially in accordance with the King Street elevation drawing to be provided by Teeple Architects Incorporated, and to the satisfaction of the Senior Manager, Heritage Preservation Services. In addition, a Conservation Plan to be provided to the satisfaction of the Senior Manager, Heritage Preservation Services for the conservation of the King Street heritage facades will be secured in the Section 37 Agreement and by way of other mechanisms, which will include an application to address alteration of the heritage resources, their designation and a heritage easement agreement. The City will request that the final Ontario Municipal Board decision on the zoning be withheld until such time as these mechanisms are established.

j. There will be a minimum of 1,460.70 square metres of non-residential space in the new building (50 percent of the floor area of the existing non-residential space).

k. Parking will be provided in accordance with the Parking Chart agreed to by Transportation Services staff and the applicant’s transportation consultant on January 12, 2017, adjusted as necessary to reflect the revised mix of residential and non-residential uses.

l. The owner will provide a Section 37 contribution in the amount of $2,250,000.00 million, which funds will be used by the City for the following Community benefits:

i. $1,800,000.00 (80 percent) to the YMCA facility at 505 Richmond Street West;

ii. $225,000,000.00 (10 percent) to the provision of new affordable rental housing units as part of the Alexandra Park Revitalization in Ward 20, to be directed to the Capital Revolving Fund for Affordable Housing; and

iii. $225,000.00 (10 percent) to the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing housing in Ward 20;

In the event the necessary monies for 505 Richmond Street West have been provided in advance of the building permits and Section 37 payment for this project, that the monies be reallocated for the provision of community services and facilities in the neighbourhood.

m. A minimum 10 percent of the units will have three or more bedrooms.

2. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to support City Council's decision to the Ontario Municipal Board, modified as necessary in the opinion of such officials to reflect the intent of this settlement, and to finalize the elements of the settlement, including the final form of the minutes of settlement, if required, and other planning instruments.

The balance of Confidential Attachment 1 to the report (January 30, 2017) 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.