Item - 2018.CC43.17

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A , B and C to the report (June 18, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the settlement offer set out in settlement offer letter, dated June 18, 2018, in Confidential Appendix A to the (June 18, 2018) from the City Solicitor (the "Settlement Offer"), the drawings, dated June 11, 2018, in Confidential Appendix B to the report (June 18, 2018) from the City Solicitor, and the drawings, dated June 15, 2018, in Confidential Appendix C to the report (June 18, 2018) from the City Solicitor, (the "Drawings”), subject to Parts 2 and 3 below, and City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to take such steps to give effect to the settlement.

2.  City Council authorize the City Solicitor and other appropriate staff to attend at the Local Planning Appeal Tribunal hearing in support of the proposed development substantially in accordance with Settlement Offer and the Drawings, subject to the conditions in Confidential Appendices A, B and C to the report (June 18, 2018) from the City Solicitor being addressed to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services, which includes amongst other requirements, the following:

a.  the building height shall be a maximum of 45-storeys and shall be a maximum of 140.5 metres exclusive of the mechanical penthouse (149.5 metres inclusive of the height of the mechanical penthouse);

b.  the base building shall have a maximum height of 6-storeys and shall be a maximum height of 19.1 metres, with a 2-storey reveal above the maximum base building height;

c.  starting at the eighth storey, at a height of 25.45 metres;

i.  the building shall be setback a minimum of 6.0 metres above the base building identified in Part 2.b. above from the east property line up to a maximum height of 80.2 metres and any height above 80.2 metres, shall require the building to be set back a minimum of 9.0 metres from the east property line; and

ii.  the building shall be setback a minimum of 2.0 metres at the northeast corner of the site;

d.  at a height of 140.5 metres, the mechanical penthouse shall be set back a minimum of 12.5 metres from the east property line to the west;

e.  balconies shall be in accordance with the following:

i.  there shall be no balconies on the north façade of the proposed building;

ii.  on the east façade: there shall be no balcony projections within the 6.0 metre and the 9.0 metre setback from the east property line;

iii.  on the east façade, in the northern portion identified in the Confidential Appendix C to the report (June 18, 2018) from the City Solicitor, balconies are permitted but must remain within the building envelope shown, with the exception for the north facing return of that northern portion of the east façade where Juliet or projecting balconies would be permitted, and would not need to remain within the building envelope;

iv.  on the east façade, on the southern portion identified in Confidential Appendix C to the report (June 18, 2018) from the City Solicitor , Juliet or projecting balconies would be permitted for the height of the east façade but any such balconies must remain within the building envelope shown and this balcony permission is conditional upon the extension of the glass curtain wall of the southern façade beyond the southern wall so as to cover the extent of the projecting  balconies so that these balconies are not visible from the south on Front Street East, looking north;

v.  on the west façade: balconies may be permitted starting four (4) storeys above the base building height identified in Part 2.b. above, which is the twelfth storey of the proposed building, and there shall be no balconies on the eighth storey up to and inclusive of the eleventh storey and no balconies shall be permitted within 1.0 metre of the western property line;

vi.  on the south façade: Juliet or projecting balconies would be permitted below a height of 80.2 metres, and no balconies shall be permitted within 1.5 metres of the southern property line; and

vii.  on the south façade: in addition to Part 2.e.vi. above, any balconies at or above 80.2 metres shall be recessed or flush Juliet balconies with sliders and shall not project from the building face and that such balconies shall be designed to be unobtrusive, and the Owner agrees to work with City Heritage Preservation Services and Urban Design staff to ensure the design and materials of the south façade, including balconies, address the heritage concern of conserving the St. James Cathedral, including the Clocktower and Spire, to the satisfaction of the Senior Manager, Heritage Preservation Services and the Chief Planner and Executive Director, City Planning;

f.  a minimum of 4.0 square metres of combined indoor and outdoor amenity space shall be provided per dwelling unit;

g.  the sidewalk width along Church Street adjacent to and in the vicinity of the site shall be a minimum of 4.8 metres at grade;

h.  the sidewalk width along Lombard Street adjacent to and in the vicinity of the site shall be a minimum of 4.8 metres that increases to a minimum of 6.2 metres. 

i.  the Owner agrees to the following matters to be included in the Zoning By-law Amendment and a Section 37 Agreement to be registered on title to the site,  to be addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and Senior Manager, Heritage Preservation Services and to be determined at the time of Site Plan Control approval:

i.  the materiality of the east and south facades, and in particular, that the tower shall comprise clean reflective glazing, with the overall design of the proposed building to achieve a quiet unbroken palette on the east and south facades with the objective of helping the proposed tower both blend into the sky when viewed from Front Street East, and give space and sky between the St. James Cathedral Clocktower and Spire, so that the Clocktower and Spire retain separation and prominence; and

ii.  the extension of the glass curtain wall of the southern façade beyond the southern wall so as to cover the extent of any projecting balcony permitted on the east façade as set out in Part 2 f.ii. above so that these balconies are not visible from the south, looking north; and

j.  the Owner shall pay to the City prior to the issuance of the first above-grade building permit, a Section 37 monetary contribution to be agreed to by the Owner and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, prior to any Local Planning Appeal Tribunal Order issuing, and in the event agreement cannot be reached the owner and the City will request Tribunal mediation to resolve same, failing which the matter shall be resolved by the Local Planning Appeal Tribunal, on the basis that the owner agrees to pay a fair contribution in line with other contributions of a comparable nature; such funds to be used for capital projects in the vicinity of the site in conformity with the City's Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

i.  the financial contribution arising from Part 2.j. above shall be indexed upwardly in accordance with the Statistics Canada Building Construction Price Index for the Toronto CMA, reported by Statistics Canada in the Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment to the City; and

ii.  in the event the cash contribution referred to in Part 2.j.i. above has not been used for the intended purpose within three (3) years of this By-law 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 local Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the local community.

3.  City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning for minor changes to the final built form of the proposed development, to ensure that all elements detailed in Parts 1 and 2 above are appropriately implemented, and such minor built form changes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services, subject to the following:

a.  the built form changes shall not increase the heights detailed in Parts 2.a. to and including d.;

b.  the built form changes shall not decrease the setbacks detailed in Parts 2.c. and d.;

c.  the built form changes shall not alter Part 2.e.; and

d.  the built form changes shall not decrease the minimum sidewalk widths detailed in Parts 2.g. and h.

4.  City Council authorize the City Solicitor and other appropriate staff to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such a time as:

a.  the Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a final form and content satisfactory to the City;

b.  the Tribunal has been advised by the City Solicitor that the Owner has, at its expense:

i.  provided a Transportation Impact Study, Functional Servicing Report, Stormwater Management Report, Groundwater Report  and Hydrogeological Study acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

ii.  designed and provided financial securities for, any upgrades or required improvements  to the existing municipal infrastructure identified in the accepted  Functional Servicing Report, Stormwater Management Report,  Groundwater Report and Hydrogeological Study to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing Report, Stormwater Management Report, Groundwater Report and Hydrogeological Study, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the by-laws and the Section 37 Agreement require the owner at no cost to the City to design, financially secure, construct and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Groundwater Report and Hydrogeological Study  to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor;

d.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the by-laws and the Section 37 Agreement require that prior to the issuance of any above-grade building permit for all or any part of the site, including for clarity, any conditional above-grade building permit, that the owner shall design, construct, complete and make operational any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, Groundwater Report and Hydrogeological Study to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the Chief Planner and Executive Director, City Planning and the City Solicitor; and

e.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has withdrawn its appeal of Official Plan Amendment 352.

Confidential Appendices A , B and C to the report (June 18, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 18, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of one of its agencies or corporations and it contains advice or communications that are subject to solicitor-client privilege.