Item - 2019.CC7.10

City Council on May 14 and 15, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor, as amended by motion 1 by Councillor Layton.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Layton, and Confidential Appendices A and B to the report (May 6, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 2019) 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 (May 6, 2019) as amended by motion 1 by Councillor Layton, were adopted by City Council and are now public, as follows:

1.  City Council accept the settlement offer as set out in Confidential Appendix A to the report (May 6, 2019) from the City Solicitor.

2.  City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal that City Council supports a settlement in principle for the Zoning By-law Amendment appeal for the property at 292-294 Dundas Street West, 129-131 McCaul Street and 70 St. Patrick Street, as generally shown in the plans by Graziani + Corazza Architects, dated April 29, 2019, subject to modifications to the satisfaction of the Chief Planner and Executive Director, City Planning, and subject to the following:

a.  a maximum height of 100.5 metres, to the top of the mechanical penthouse;

b.  a total gross floor area of 22,966 square metres, containing a maximum residential gross floor area of 20,833 square metres, a minimum 192 square metres of retail use on the ground, with uses such as ancillary church space and day care located within the building to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  a minimum of 15 percent of the dwelling units in the development will be 2 bedrooms or larger; a minimum of 10 percent of the dwelling units will be 3 bedroom units or larger; the 3-bedroom units will have a minimum size of 840 square feet; and a maximum of 15 percent studio units will be permitted;

d.  a maximum of 60 vehicular parking spaces;

e.  bicycle parking will be provided in accordance with the standards in Zoning By-law 569-2013 or the Toronto Green Standard, whichever is higher;

f.  indoor amenity space will be provided at a rate of at least 1.5 square metres per residential dwelling unit and outdoor amenity space will be provided at a rate of 1.5 square metres per residential dwelling unit;

g.  balconies will not be permitted along the Dundas Street West frontage, and in locations where they are permitted will be provided at a maximum depth of 1.5 metres;

h.  the conveyance of no less than 0.0261 hectares (261 square metres) of the development site for public parkland purposes; the subject parkland conveyance is to 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;

i.  the Owner is to pay for the costs of 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 of survey for the new parkland;

j.  the proposed retaining wall north of the parkland is to be located a minimum of 15.25 centimetres off the north park property line, on private lands;

k.  the Owner shall ensure that the grading and drainage of the adjacent development blocks are compatible with the grades of the parkland to the satisfaction of the General Manager, Parks, Forestry and Recreation;

l.  notwithstanding Chapter 415 - 28 of the Municipal Code, all parkland related work and timing of such work, including conveyance of the on-site parkland dedication as well as the build out of the park to Base and Above Base Park Improvements, is to be completed to the satisfaction of the General Manager, Parks, Forestry and Recreation;

m.  the conveyance of a fully equipped 62 space day care, in accordance with the City's Child Care Development Guideline, 2016, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children Services; and

n.  prior to the issuance of the final order from the Local Planning Appeal Tribunal the following must be completed:

i.  the draft Zoning By-law Amendment reflecting the foregoing are finalized to the satisfaction of the parties;

ii.  the Owner has addressed any outstanding items in Part A of Engineering and Construction Services' memorandum dated July 10, 2018, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii.  the Owner has prepared a queuing analysis for the loading area and car elevators, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv.  the Owner has prepared a revised Functional Servicing Report, revised Stormwater Management Report and revised Hydrogeological Assessment to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

v.  the Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

vi.  the Owner has entered into an agreement with the abutting property at 141 McCaul Street to allow for the loading manoeuvring to occur offsite of the subject property; this agreement shall be to the satisfaction of the General Manager, Transportation Services;

vii.  the Owner has entered into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected; this agreement shall be to the satisfaction of the City Solicitor;

viii.  the Owner and the City have entered into/and or registered a Section 37 Agreement to the satisfaction of the City Solicitor to secure the following benefits:

A.  the conveyance of a fully equipped 62-spot day care, to the satisfaction of the General Manager of Children Services;

B. a cash contribution of four hundred thousand dollars ($ 400,000 CAD) to be paid to the City prior to the issuance of the final order from the Local Planning Appeal Tribunal towards the relocation of the on-site daycare, with any remaining funds directed towards affordable housing in the local ward, with the allocation to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

C.  the $400,000 CAD contribution referred to in Part B. above to be increased by upwards index in accordance with the apartment 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 Section 37 Agreement to the date each such payment is made;

D.  in the event the cash contribution referred to in condition B. and C. above has not been used for the intended purpose(s) within three (3) years of the Zoning By-law coming into force and effect, the cash contribution may be redirected for another purposes(s), provided that the purposes(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; and

E.  the conveyance of no less than 0.0261 hectares (261 square metres) of the development site for public parkland purposes; the subject parkland conveyance is to 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; and

ix.  the Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

A.  prior to the issuance of Site Plan approval, the Owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

B.  the Owner agrees to design and construct the Above Base Park Improvements to the new park for a development change credit against Parks and Recreation component of the Development Charges 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 installing 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; the Owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development; and the design, cost estimate and ultimately the letter of credit will be required prior to the issuance of the first above grade building permit;

C.  the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning be authorized to finalize the elements of the settlement, including the final form of the amending Zoning By-laws and other related planning instruments in accordance with the above conditions; and

D.  City Council approve 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.

Confidential Appendices A and B to the report (May 6, 2019) 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 (May 6, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.