Item - 2018.TE34.46

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the supplementary report (July 9, 2018) from the City Solicitor and in Confidential Attachment 1 to the supplementary report (July 24, 2018) from the City Solicitor.

2. City Council authorize the public release of:

a. the confidential recommendations in Confidential Attachment 1 and Confidential Attachment 2 to the supplementary report (July 9, 2018) from the City Solicitor; and

b. the confidential recommendations in Confidential Attachment 1,  Confidential Attachment 2, Confidential Schedule A to Confidential Attachment 2, Confidential Schedule B to Confidential Attachment 2, and Confidential Schedule C to Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor. 

3. City Council direct that the balance of Confidential Attachment 1, Confidential Attachment 3, and Confidential Appendices 1, 2 and 3 to the supplementary report (July 9, 2018) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 24, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the supplementary report (July 9, 2018) from the City Solicitor and in Confidential Attachment 1 to the supplementary report (July 24, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council approve the application to demolish the buildings at 8 and 10 Price Street, unrated buildings in the South Rosedale Heritage Conservation District, in accordance with Section 42 of the Ontario Heritage Act subject to the owner, prior to the issuance of a demolition permit, submitting photo-documentation of the existing structures at 8 and 10 Price Street to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council approve the alterations to the buildings at 1095-1103 Yonge Street and the construction of a new 21-storey building on the consolidated development site at 5 Scrivener Square, 4-10R Price Street, and 1095-1107 Yonge Street, in accordance with Section 42 of the Ontario Heritage Act, as shown in the plans and elevations submitted by the applicant and prepared by COBE ApS and Graziani + Corazza Architects Inc. dated June 2008 that are included in the Revised Heritage Impact Assessment prepared by ERA Architects Inc. dated March 5, 2018 and the addendum letter prepared by ERA Architects Inc., dated July 5, 2018 (collectively, the "Revised HIA", all date stamped received by Heritage Preservation Services, and on file with the Senior Manager, Heritage Preservation Services), and that the new building be constructed substantially in accordance with the submitted plans, subject to the following condition:

a.  prior to any Local Planning Appeal Tribunal Order issuing in connection with the Official Plan Amendment and Zoning By-law Amendment appeal, the owner shall:

i.  amend the existing Heritage Easement Agreement for the property at 1095-1103 Yonge Street in accordance with the plans and drawings prepared by ApS and Graziani + Corazza Architects Inc. dated June 2018  (date-stamped received by City Planning July 5, 2018 and on file with the Senior Manager, Heritage Preservation Services), and subject to and in accordance with the Conservation Plan required in Part 2.a.ii below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such amending agreement to the satisfaction of the City Solicitor; and

ii.  provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Revised Heritage Impact Assessment for the property at 5 Scrivener Square, 4-10R Price Street, 1095-1107 Yonge Street, prepared by ERA Architects Inc. and dated July 5, 2018, to the satisfaction of the Senior Manager, Heritage Preservation Services;

b.  prior to final Site Plan approval for the property located at 5 Scrivener Square, 4-10R Price Street, 1095-1107 Yonge Street, the owner shall:

i.  provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 2.a.ii above to the satisfaction of the Senior Manager, Heritage Preservation Services;

ii.  have obtained final approval for the necessary Zoning By-law Amendment required for the Subject Site, such Amendment to have come into full force and effect;

iii.  provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

iv.  provide a detailed Landscape Plan for the Subject Site, satisfactory to the Senior Manager, Heritage Preservation Services;

v.  provide an Interpretation Plan for the Subject Site, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; and

vi.  submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

c.  prior to the issuance of any permit for all or any part of the property at 5 Scrivener Square, 4-10R Price Street, 1095-1107 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

i.  have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

ii.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.ii above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

iii.  provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan;

d.  prior to the release of the Letter of Credit required in Part 2.c.iii above, the owner shall:

i.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

ii.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

3.  City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement, registered on the title for the heritage property at 1095-1103 Yonge Street, Instrument E599178, dated September 12, 2002, and on file with the Senior Manager, Heritage Preservation Services.

4.  City Council authorize the City Solicitor to introduce any necessary bill in Council to amend the Heritage Easement Agreement.

5.  City Council accept the Settlement Offer dated July 23, 2018 in Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor in principle, subject to the Parts 6 to 11 below.

6.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised development set out in the Settlement Offer dated July 23, 2018 in Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor , subject to Parts 6 to 11 below.

7.  City Council accept an on-site parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act as described in the Settlement Offer dated July 23, 2018 in Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor, with the location and configuration of the on-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, as follows:

a.  the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; the owner may propose the exception of encumbrances of caissons and/or tiebacks and such other encumbrances, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and such encumbrances would be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation;

b.  prior to the issuance of the first above grade building permit, excluding a permit for demolition or a rental/sales centre, the Applicant shall register in form and in priority to the satisfaction of the City Solicitor a Section 118 Restriction pursuant to the Land Titles Act, on the 277 square metre Park Land, as follows:

i.  No sale, transfer, lease, disposition, charge or other dealing with Part X on Plan 66R-___________, City of Toronto, or any part thereof, shall be registered without the written consent of the General Manager, Parks, Forestry and Recreation, City of Toronto, or his or her designate;  and

c.  the Applicant shall convey, or cause to be conveyed, the Park Land to the City prior to the earlier of earlier of first residential occupancy of the proposed development or 36 months after the issuance of the first above-grade building permit, subject to seasonality extensions satisfactory to the General Manager, Parks, Forestry and Recreation.

8.  City Council approve a development charge credit against the Parks and Recreation component of the development charges for the development for the design and construction by the Applicant of 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 Applicant 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.

9.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution of $3,250,000.00 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, excluding demolition permits and any permits associated with the heritage alterations and conservation work, and to be allocated to certain community benefits in the vicinity of the Subject Site with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor; and

ii.  Streetscaping improvements on adjacent City streets to be provided by the Applicant at a minimum cost of $750,000.00, subject to the following:

1.  the improvements will be above-base streetscape improvements, the details of which will be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

2.  a letter of credit in the amount of $750,000.00 shall be provided by the Applicant prior to the first above-grade building permit as described in Part 9a.i. above to secure the improvements; and

3.  the improvements shall be completed within six months of first residential occupancy, subject to seasonality extensions, satisfactory to the Chief Planner and Executive Director, City Planning;

iii.  the required cash contribution of $3,250,000.00 is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; and

iv.  in the event the cash contributions referred to in Part 9.a.i. above has not been used for the intended purposes within 3 years of the site specific Zoning 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 Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

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

i.  the on-site parkland dedication referred to in Part 7 above, including above-base improvements for same, and the development charge credit referred to in Part 8 above;

ii.  arrangements and approvals, satisfactory to the Toronto Transit Commission and the Applicant, occur with respect to the new entrance to the Toronto Transit Commission Summerhill Subway Station, as well as other conditions identified in the June 1, 2018 comments from the Toronto Transit Commission and other construction matters identified through the required Toronto Transit Commission Technical Review;

iii.  a Phasing and Implementation Plan to be submitted by the Applicant address the timing for the provision of works and matters related to the development including the road widening, road realignment, potential sewer relocation, streetscaping, and provision of the privately-owned publicly accessibly spaces, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv.  the Applicant shall provide to the City a publicly-accessible open space with pedestrian walkway in the location generally shown on Schedule C to the Settlement Offer as follows:

1.  no later than 6 months following first residential occupancy of the proposed Development, subject to seasonality extensions satisfactory to the Chief Planner and Executive Director, City Planning, the Company shall provide a publicly-accessible open space having a minimum area of 380 square metres, the location and configuration of which shall be determined at the time of site plan approval and a publicly accessible walkway generally having a minimum width of 2.5 metres through the area subject to the publicly-accessible open space easement in order to provide a pedestrian connection between the on-site parkland abutting Yonge Street and Price Street (the “Pedestrian Walkway”), which Pedestrian Walkway may contain encroachments for building canopies, awnings, door-swings, and overhead  signage, as well as portions of the building, which are to the satisfaction of the Chief Planner and Executive Director, City Planning. Temporary closures of the publicly-accessible open space and Pedestrian Walkway may occur on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning; the portion of the publicly-accessible open space not subject to the Pedestrian Walkway may contain encroachments including, but not limited to, signage, bicycle parking, benches, building overhangs, door-swings, awnings, outdoor markets and displays and landscape features including water features/fountains and sculptures, and may be used for temporary and permanent commercial uses, including but not limited to outdoor markets and retail/restaurant patio uses, where the sale of alcohol  is permitted, and associated displays, fencing, tables and chairs; and additional encroachments in the Pedestrian Walkway and the publicly-accessible open space may be permitted if such encroachment is satisfactory to the Chief Planner and Executive Director, City Planning;

v.  the Applicant shall provide a minimum of 10 percent of the new residential dwelling units in the development as dwelling units containing at least three bedrooms and having a minimum gross floor area of 100 square metres, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.  the Applicant shall pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development;

vii.  the Applicant shall develop a Construction Mitigation Plan prior to the issuance of the first below grade building permit for the proposed development of the Subject Site to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

viii.  the Applicant shall submit a wind tunnel test and updated Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide any wind mitigation measures identified in the required wind studies for the revised proposal as part of the Site Plan approval process for the Subject Site;

ix.  the Applicant shall submit urban design and architectural control guidelines, informed by the design, details, and materials submitted to the Design Review Panel on March 23, 2018, to the satisfaction of the Chief Planner and Executive Director, City Planning;

x.  the Applicant shall submit detailed landscape, lighting, and public realm improvement plans as part of the Site Plan approval process to realize the objective of creating an 'urban forecourt' on Scrivener Square;  and

xii.  prior to final Site Plan approval for the property Subject Site, the Applicant shall:

1.  provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 11.g. below to the satisfaction of the Senior Manager, Heritage Preservation Services;

2.  have obtained final approval for the necessary Zoning By-law Amendment required for the Subject Site, such Amendment to have come into full force and effect;

3.  provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

4.  provide a detailed Landscape Plan for the Subject Site, satisfactory to the Senior Manager, Heritage Preservation Services;

5.  provide an Interpretation Plan for the Subject Site, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; and

6.  submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

xiii.  prior to the issuance of any permit for all or any part of the Subject Site, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the Applicant shall:

1.  have obtained final approval for the necessary Official Plan and Zoning By-law Amendments required for the Subject Site, such Amendments to have come into full force and effect;

2.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 11.g. below, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3.  provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan;

xiv.  prior to the release of the Letter of Credit required in Part 9.b.xiii.3 above, the Applicant shall:

1.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

10.  City Council authorize the City Solicitor to make such amendments to the existing Subdivision Agreement registered as Instrument CA411545, as amended, as necessary to permit the revised development set out in the Settlement Offer dated July 23, 2018 in Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor.

11.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment and Official Plan Amendment applications until such time as the Tribunal has been advised by the City Solicitor that:

a.  the proposed zoning by-law amendments are in a form satisfactory to the Chief Planning and Executive Director, City Planning, and the City Solicitor;

b.  the proposed official plan amendment is in a form satisfactory to the Chief Planning and Executive Director, City Planning, and the City Solicitor;

c.  the City has received an executed Section 37 Agreement securing the benefits outlined in Part 9 and the Section 37 Agreement has been registered on title to the Subject Property;

d.  the Applicant has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services, to either eliminate any encroachments into the existing sewer easement through modifications to the building, where such modifications are satisfactory to the Chief Planner and Executive Director, City Planning, or relocate the subject portions of the sewer as may be necessary to the satisfactory of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water.  Cost sharing of the sewer relocation may be considered at the discretion of the General Manager, Toronto Water, in consultation with Finance, and shall be subject to obtaining any required approval(s) from City Council;

e.  all engineering matters, including the resubmission and review of an updated Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report for the revised development set out in the Settlement Offer dated July 23, 2018 in Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f.  the existing Heritage Easement Agreement for the property at 1095-1103 Yonge Street has been amended in accordance with the plans and drawings prepared by COBE ApS and Graziani + Corazza Architects Inc. dated June 2018  (date-stamped received by City Planning July 5, 2018 and on file with the Senior Manager, Heritage Preservation Services), and subject to and in accordance with the Conservation Plan required in Part 11.g below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such amending agreement to the satisfaction of the City Solicitor; and

g.  the Applicant has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Revised Heritage Impact Assessment for the Subject Site, prepared by ERA Architects Inc. and dated July 5, 2018, to the satisfaction of the Senior Manager, Heritage Preservation Services.

Confidential Attachment 2 to the supplementary report (July 9, 2018) from the City Solicitor and  Confidential Attachment 2, Confidential Schedule A to Confidential Attachment 2, Confidential Schedule B to Confidential Attachment 2, and Confidential Schedule C to Confidential Attachment 2 to the supplementary report (July 24, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1, Confidential Attachment 3, and Confidential Appendices 1, 2 and 3 to the supplementary report (July 9, 2018) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 24, 2018) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1, Confidential Attachment 3, and Confidential Appendices 1, 2 and 3 to the supplementary report (July 9, 2018) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 24, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.