Item - 2021.CC28.2

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 25, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2021) 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 (January 25, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to issue the final Order in relation to the Official Plan and Zoning By-law Amendment applications for 31R Parliament Street, 370 and 370R Cherry Street, independent of the final Official Plan and Zoning By-law Amendment applications for 60 Mill Street, upon the satisfaction of the following matters:   

a.  the form and content of the draft Official Plan and Zoning By-law amendments for 31R Parliament Street, 370 and 370R Cherry Street have been finalized in accordance with the settlement approved by City Council in Item 2017.CC27.2 on March 28, 2017 and as approved by the Local Planning Appeal Tribunal on July 6, 2017 to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner of 31R Parliament Street, 370 and 370R Cherry Street has prepared and submitted a revised Functional Servicing Report to the satisfaction of Engineering and Construction Services; if a Functional Servicing Report submitted to the satisfaction of the City identifies infrastructure capacity issues with respect to sewer or water, including groundwater management, the zoning shall only be approved with a holding (H) symbol, which shall be lifted when sufficient infrastructure is in place;

c.  the owner of 31R Parliament Street, 370 and 370R Cherry Street has submitted its site plan application for the consideration of the City's Design Review Panel;

d.  the owner of 31R Parliament Street, 370 and 370R Cherry Street has prepared and submitted a Transportation Impact Report Addendum, including updated traffic surveys from 2016, vehicular parking justification, and loading requirements to the satisfaction of the General Manager, Transportation Services; the number of vehicular parking spaces may deviate from the standards of Zoning By-law 569-2013, provided a justification is made in the revised Transportation Impact Study, all subject to the acceptance of the General Manager, Transportation Services;

e.  Comments from Metrolinx are provided to the satisfaction of the Chief Planner and Executive Director, City Planning in respect of the environmental impacts of the adjacent rail corridor upon the development and fulfillment of Metrolinx’s standard requirements, which may include requirements with respect to the proposed crash wall;

f.  Official Plan Amendment 394 is approved by the Province, or alternatively have the Province confirm that it has no objections to the proposal, or such alternative arrangements as may be acceptable to the Chief Planner and Executive Director, City Planning;

g.  the following community benefits are secured in a Section 37 Agreement executed by the owner of 31R Parliament Street, 370 and 370R Cherry Street and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide a contribution of $3.2 million dollars, indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of the final Order of the Local Planning Appeal Tribunal and payable upon the issuance of the first above-grade building permit, to be directed to the following:

A.  $1,066,667 to be used by the City in its sole discretion with respect to improvements of the First Parliament site;

B.  $1,066,666 to be provided, under the supervision of the City with respect to improvements to the Toronto Aboriginal Hub in the West Don Lands; and

C.  $1,066,666 to be contributed towards streetscaping and open space improvements, of which $533,333 shall be spent on streetscaping and open space improvements within the Distillery District; and $533,333 shall be spent on streetscaping and open space improvements in the vicinity of the Distillery District including the intersection of Trinity Street and Mill Street; in the event that the City requests and the owner agrees to provide such improvements directly (to the satisfaction of the City) in lieu of a financial contribution, the owner shall, at the time of issuance of its first above-grade building permit, provide a letter of credit with respect to the value of such proposed works;

ii.  in the event the cash contribution identified in Part 1.g.i. above has not been used for the intended purpose within three (3) years after the issuance of the first above-grade building permit for all or any part of the site, the cash contribution may be redirected for another purpose or purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose or purposes are identified in the Official Plan and will benefit the community in the vicinity of the site;

iii.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide a contribution of $850,000 towards the commissioning of public art, including a public art proposal to be approved by the Chief Planner and Executive Director, City Planning where a portion of the contribution may be directed towards the relocation of "Still Dancing" by Dennis Oppenheim to a publicly accessible space subject to:

A.  any relocation of the public art shall be in accordance with the Distillery District's contractual arrangements with the Dennis Oppenheim estate and shall be subject to a relocation plan satisfactory to the City; and

B.  a reasonable cost estimate be provided, based on third party reviews of the relocation, with the actual cost not to exceed $100,000 all subject to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall provide 10 percent of the total number of dwelling units as 3 bedroom dwelling units or larger, or their equivalents;

v.  prior to the issuance of the first building permit, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

vi.  the owner of 31R Parliament Street, 370 and 370R Cherry Street shall consult with the area residents in respect to the site plan applications for the development proposals, including meeting with area residents to present the site plans, in coordination with City Planning staff, and in consultation with the Ward Councillor;

vii.  the fourth and fifth storeys of the Ribbon Building shall be constructed in a different exterior material than the first three storeys, to be determined through the site plan approval process;

viii.  prior to the issuance of the first building permit, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall submit a strategy to document and preserve archaeological remains on the site of 31A Parliament Street, to the satisfaction of the Senior Manager, Heritage Preservation Services;

ix.  the owner of 31R Parliament Street, 370 and 370R Cherry Street agrees to enter discussions with City Planning to revise the Section 37 Agreement, as amended for the Distillery District to delineate the publicly accessible open spaces;

x.  with respect to the area within the development contemplated to be adjacent to and to facilitate future installation by the City of a pedestrian walkway under the rail corridor to the south, the Section 37 Agreement shall reflect the requirement that the view from within the subject lands south to the entrance of the pedestrian underpass from the north side of Trinity Square shall not be obstructed by permanent structures to the satisfaction of the Chief Planner and Executive Director, City Planning;

xi.  the Section 37 Agreement will reference the requirement that, as part of its site plan application, the owner of 31R Parliament Street, 370 and 370R Cherry Street shall prepare a revised Pedestrian Wind Impact Study to be submitted and reviewed to the satisfaction of the Chief Planner and Executive Director, City Planning, with any recommended mitigation measures to be implemented through the site plan approval process; and

xii.  the owner of 31R Parliament Street, 370 and 370R Cherry Street will construct the underground garage beneath the Ribbon Building and any required crash wall for the Ribbon Building in conjunction with the garage and crash wall for the tower proposed at 31R Parliament Street;  the design and materiality of the crash wall facing north shall be subject to approval by the Director, Community Planning, Toronto and East York District during the site plan application process; in addition, the owner will use commercially reasonable efforts to lease and finance the Ribbon Building such that it can be constructed in conjunction with the tower proposed at 31R Parliament Street; and if the owner can achieve a 60 percent leasing threshold and secure financing, the owner agrees to construct the Ribbon Building in conjunction with the tower proposed at 31R Parliament Street.

2.  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.

The balance of Confidential Attachment 1 to the report (January 25, 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.