Item - 2021.CC30.9

City Council on March 10, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in confidential attachment to motion 1 by Councillor Kristyn Wong-Tam.

2.  City Council authorize the public release of the confidential instructions to staff adopted by City Council.

3.  City Council authorize public release of Confidential Attachment 2 to the report (March 2, 2021) from the City Solicitor.

4.  City Council authorize the public release of Confidential Attachment 3 to motion 1 by Councillor Kristyn Wong-Tam.

5.  City Council direct that Confidential Attachment 1 to the report (March 2, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in the confidential attachment to motion 1 by Councillor Kristyn Wong-Tam were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated February 26, 2021 and as generally shown on the Revised Plans dated February 1, 2021, in Confidential Attachment 2 to the report (March 2, 2021) from the City Solicitor, subject to Parts 2 to 10 set out below.

2.  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 proposal as set out in the Settlement Offer dated February 26, 2021 and as generally shown on the Revised Plans dated 1 February 2021, in Confidential Attachment 2 to the report (March 2, 2021) from the City Solicitor, subject to the Parts 3 to 10 set out below.

3.  City Council accept the Applicant's Section 37 offer contained in the letter from Davies Howe LLP to the City Solicitor dated March 9, 2021 for a community benefit in the form of a cash contribution in the amount of $7,850,000.00 and City Council authorize the City Solicitor to secure that community benefit in a Section 37 Agreement as more particularly described in Part 5 below. 

4.  City Council accept an on-site parkland dedication having a minimum area of 279 square metres and located on the western portion of the Site with a minimum 5.31 metre frontage on Maitland Street and a 3 metre setback from the west podium face of the development, in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act; the on-site parkland dedication will be conveyed to the City in base park condition.

5.  City Council authorize the City Solicitor to enter into and register an Agreement under Section 37 of the Planning Act with the Applicant to secure community benefits as follows, all to the satisfaction of the City Solicitor:

a.  an indexed cash contribution by the Owner to the City in the amount of $7,850,000.00 as described in Part 3 above, to be allocated as follows:

i.  $2,500,000.00 to be allocated towards new and existing capital improvements for City owned affordable housing in Ward 13;

ii.  $2,500,000.00 to be allocated towards new and existing capital improvements in City owned community, cultural, and recreational centres in Ward 13;

iii.  $2,500,000.00 to be allocated towards establishing a new non-profit City owned childcare centre in Ward 13; and

iv.  $350,000 to be allocated towards local area streetscape and park improvements;

b.  the amount of the cash contribution in Part 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Owner to the City; and

c.  in the event that the cash contribution in Part 5.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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, 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 Site.

6.  City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the following as matters of legal convenience to support the development in an agreement under the Section 37 Agreement as follows:

a.  that the owner shall provide an on-site parkland dedication as described in Part 4 above; and

b.  that the owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate.

7.  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 in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, and revised Storm Water Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the owner has entered into an agreement or agreements or otherwise secured the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing Report and Storm Water Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

d.  the owner has submitted a revised Transportation Impact Study and Parking Supply Justification Report to the satisfaction of the General Manager, Transportation Services;

e.  the owner and the City have entered into and registered an Agreement under Section 37 of the Planning Act securing such community benefits and the other matters of legal convenience as set out in Parts 5 and 6 above, all to the satisfaction of the City Solicitor; 

f.  the owner has withdrawn their appeal of Official Plan Amendment 183 – North Downtown Yonge Site and Area Specific Policy 382 as it relates to the Site; and

g.  the owner has withdrawn their appeal of Official Plan Amendment 231 with respect to office replacement policies as it relates to the Site.

8.  City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to adjourn the Applicant's appeal of the Site Plan Approval application until such time as the City and the Applicant provide to the Local Planning Appeal Tribunal the final Site Plan drawings, the related Site Plan approval conditions, and the list of conditions for the Local Planning Appeal Tribunal's Final Order regarding the Site Plan Approval appeal, all which are in a form satisfactory to the Chief Planner and Executive Director, City Planning.

9.  City Council direct City Planning and Parks, Forestry and Recreation Staff to work with the Toronto Parking Authority and CreateTO to advance the creation of a new public park on the Toronto Parking Authority lands at 15 Wellesley Street East, integrating the on-site parkland dedication secured in Part 4 above into the overall site and design of that new public park.

10.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Attachment 2 to the report (March 2, 2021) from the City Solicitor and Confidential Attachment 3 to motion 1 by Councillor Kristyn Wong-Tam are now public and can be accessed under Background Information (City Council).

Confidential Attachment 1 to the report (March 2, 2021) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  Confidential Attachment 1 to the report (March 2, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.