Item - 2021.CC28.11

City Council on February 2, 3 and 5, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor as amended by motion 1 by Councillor Joe Cressy.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Joe Cressy, and Confidential Appendix A to the report (January 26, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy, were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer from the applicant's solicitor as set out in the letter dated October 19, 2020, regarding a proposed development at 351 to 369 Lake Shore Boulevard East, attached as Confidential Appendix A to the report (January 26, 2021) from the City Solicitor, as modified by Part 2 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing in support of amendments to the Central Waterfront Secondary Plan and the applicable Zoning By-law relating to 351 and 369 Lake Shore Boulevard East, as generally shown in the architectural plans dated October 6, 2020, as included in Confidential Appendix A to the report (January 26, 2021) from the City Solicitor, subject to the following:

a.  the Central Waterfront Secondary Plan and the Zoning By-law for 351 and 369 Lake Shore Boulevard East be amended to secure the following:

i.  a minimum of 10 percent of the total residential units within each phase of development shall be three-bedroom units and a minimum of 15 percent shall be two-bedroom units;

ii.  the owner shall provide for the equivalent of 20 percent of all residential gross floor area as affordable rental housing through the provision of dwelling units, delivered in accordance with the following:

A.  the provision and maintenance on the lot of not less than 6.5 percent of the total amount of residential gross floor area of the development as affordable rental housing and maintained with affordable rents for a term of not less than 99 years; or

B.  the provision and maintenance on the lot of not less than 6.5 percent of the residential gross floor area for either the North Block and South Block, or the Central Block and South Block as affordable rental housing and maintained with affordable rents for a term of not less than 99 years, plus 10 percent of the residential gross floor area for the remaining block being either the North Block or Central Block as rental housing for a term of not less than 25 years and maintained with affordable rents for a term of not less than 15 years;

iii  the affordable rental housing units shall be provided on a timely basis at least commensurate with the rate of construction of the residential gross floor area that is not affordable rental housing, however, were the required affordable rental housing is provided in an earlier phase of the development, the owner may be required to provide affordable rental housing units in a later phase of the development in the event the total percentage of affordable rental housing required for the development has not been achieved; and

iv.  permit tower heights of 151 metres, 130 metres, and 70 metres, and a maximum combined non-residential gross floor area and residential gross floor area of 125,000 square metres, and a maximum residential gross floor area of 92,905 square metres.

b.  prior to the issuance of the final Order from the Local Planning Appeal Tribunal:

i.  the amendments to the Central Waterfront Secondary Plan reflecting the foregoing shall be finalized to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

ii.  the amendments to the applicable Zoning By-law reflecting the foregoing shall be finalized to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

iii.  the owner and the City shall enter into and register on title to the subject lands a Section 37 agreement to the satisfaction of the City Solicitor to secure the following community benefits:

A.  the affordable rental housing units shall be provided on a timely basis at least commensurate with the rate of construction of the residential gross floor area that is not affordable rental housing, however, where the required affordable rental housing is provided in an earlier phase of the development, the owner may be required to provide affordable rental housing units in a later phase of the development in the event the total percentage of affordable rental housing required for the development has not been achieved;

B.  a public art contribution at the value of 1 percent of the gross construction costs of any buildings to be erected on the lot, with 40 percent of that contribution to be directed toward a pooled fund to be managed by Waterfront Toronto;

C.  a payment of $1,500,000 to be used toward the capital costs of off-site daycare facilities within the Keating Channel West Precinct;

D.  heritage conservation, include a detailed Conservation Plan, detailed Stabilization Plan, the entering of a Heritage Easement Agreement, and other matters, as appropriate, to the satisfaction of the Senior Manager, Heritage Planning;

E.  the conveyance of  a 2 metre wide pedestrian easement along the southerly boundary of the Central block, should the City request such an easement at the time of Site Plan approval; and

F.  as a matter of legal convenience, various matters to be addressed through Site Plan Approval;

c.  City Council require the that parkland dedication requirements for the development be satisfied through the  conveyance of land for the waterfront promenade and/or payment of cash-in-lieu of parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and

d.  City Council require that City staff secure, by way of a future subdivision application and / or Site Plan Application, a 2 metre wide road widening conveyance along the north frontage of Queens Quay East, and a 1 metre wide road widening conveyance along the south frontage of Queens Quay East, in order to ensure that Trinity Street has a right-of-way width of 25 metres north of Queens Quay East and 23 metres south of Queens Quay East.

Confidential Appendix A to the report (January 26, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (January 26, 2021) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.