Item - 2019.CC9.24

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor.

2.  City Council authorize the public release of:

a. the confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor; and

b.  Confidential Attachments 2 and 3 to the report (July 9, 2019) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 9, 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 (July 9, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 9, 2019 in Confidential Attachment 2 to the report (July 9, 2019) from the City Solicitor, subject to the Parts set out below.

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 400-420 King Street West, as generally shown in the plans (the "Revised Plans") by Hariri Pontarini Architects, dated July 4, 2019, subject to modifications to the satisfaction of the Chief Planner and Executive Director, City Planning, and subject to the following:

a.  the building have a maximum total gross floor area of 43,200 square metres, comprised of a maximum residential gross floor area of 39,850 square metres, and a minimum of 3,335 square metres of non-residential uses, including 930 square metres of office use on the second floor, and that the total number of dwelling units not exceed 633, to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  a minimum of 34 percent of the dwelling units in the development will be 2 bedrooms or larger, and a minimum of 10 percent of the dwelling units will be 3 bedrooms or larger;

c.  indoor amenity space will be provided at a rate of at least 1.5 square metres per dwelling unit and outdoor amenity space will be provided at a rate of 2.6 square metres per dwelling unit;

d.  a minimum of 930 square metres of office space be provided within the first two storeys of the building, which will be conveyed to the City of Toronto as the Section 37 contribution, be provided in accordance with Parts 3.g. and h. below, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Economic Development and Culture, and the Director, Real Estate Services;

e.  a minimum of 105 vehicle parking spaces be provided for residential uses;

f.  the Owner agrees to sell to the City of Toronto freehold space within the building, together with appurtenant Easements for access/egress, support, and operations, containing not less than 22 constructed parking spaces and not more than 25 constructed parking spaces (the "Public Parking Garage") to be operated by the Toronto Parking Authority; the Public Parking Garage will be situate on the first parking level of the building below-grade, as shown on the Revised Plans, with all parking spaces (including accessible spaces) constructed  in accordance with Zoning By-law 438-86 for the former City of Toronto, at a price of $75,000 per parking space payable upon the Public Parking Garage turnover; the parking spaces being purchased by the City/Toronto Parking Authority would neither be designed nor built to Toronto Parking Authority standards; the Public Parking Garage, however, will include City ownership of a service elevator, ground level lobby and stairwell providing direct street access to the Public Parking Garage at the southeast corner of the building fronting on King Street West, or if it is not physically possible to utilize the King Street West frontage, the Charlotte Street frontage could be chosen, subject to the final location being acceptable to Toronto Parking Authority; access to shared areas (entrance/exit ramps, stairwells, elevators, lobbies, corridors, walkways, mechanical areas) will be granted by the Owner to the City under registered Easements;  any cost-sharing and maintenance/repair obligations in respect of shared areas of the building will be set out in a Reciprocal Agreement entered into on the Public Parking Garage turnover, concurrent with the transfer of the Public Parking Garage and Easements; the Public Parking Garage will not include any ancillary gross floor area space, such as storage rooms or washrooms; and the full particulars of the transaction will be set out in an Agreement of Purchase and Sale, subject to Toronto Parking Authority Board and City approval processes;

g.  in the event that the first parking level of the building, as currently depicted in the Revised Plans, cannot accommodate a minimum of 22 constructed parking spaces (as a result of the provision of a City-owned service elevator, ground level lobby and stairwell) City Planning staff will work with the Owner to move bicycle lockers currently shown on the Revised Plans on the first parking level to accommodate opportunities for additional vehicle parking spaces, to ensure that the minimum 22 constructed parking spaces are provided on the first parking level of the building;

h.  acceptance of the Settlement Offer is conditional on the entering into of an Agreement of Purchase and Sale between the Owner and the City of Toronto, as described in Part 2.f. above; if an Agreement of Purchase and Sale is not entered into, then the City Solicitor is directed to report back to City Council with alternate recommendations, if necessary;

i.  the parkland dedication requirement will be provided as cash-in-lieu of parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

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

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law amendment is finalized to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Owner;

b.  the Owner has addressed any outstanding items in Part A of the Engineering and Construction Services' memorandum dated June 26, 2018, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Owner has submitted a revised Functional Servicing and Stormwater Management Report to the City for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, with such report to review and determine whether the municipal water, sanitary and storm sewer systems can support the development proposed in the Revised Plans and whether upgrades or improvements to the existing municipal infrastructure are required;

d.  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 approved Functional Servicing and Stormwater Management Report, for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services;

e.  the Owner has withdrawn its appeal of Official Plan Amendment 352 and Zoning By-laws 1106-2016 and 1107-2016;

f.  the Owner has submitted a revised Noise Impact Study, to the satisfaction of the General Manager, Economic Development and Culture;

g.  the Owner and the City have entered into a Section 37 agreement to the satisfaction of the City Solicitor to secure the following benefits:

i.  the conveyance of 930 square metres of office space for cultural uses, to the satisfaction of the General Manager, Economic Development and Culture and the Director, Real Estate Services;

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

i.  the Owner will comply with the City's Tree By-laws to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry, Parks, Forestry and Recreation;

ii.  the Owner will provide and maintain a Privately-Owned and Publicly-Accessible Space with an approximate area of 115.9 square metres at the southwest corner of the property, with the specific location, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended; and

iii.  prior to the issuance of Site Plan Approval, the Owner shall convey to the City for nominal consideration a public pedestrian easement over the three-metre unobstructed pedestrian clearways along both King Street West and Charlotte Street, to the satisfaction of the Director, Community Planning, Toronto and East York District, and registered to the satisfaction of the City Solicitor.

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachments 2 and 3 to the report (July 9, 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 (July 9, 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.