Item - 2021.CC32.8

City Council on May 5 and 6, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (April 28, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor remain confidential.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the Settlement Offer set out in Confidential Appendices A and B to the report (April 28, 2021) from the City Solicitor and City Council authorize the City Solicitor to take all necessary steps to give effect to a settlement.

2.  City Council authorize the City Solicitor and appropriate City Staff to advise the Local Planning Appeal Tribunal that the City supports the revision to the development proposal as set out in Confidential Appendices A and B to the report (April 28, 2021) from the City Solicitor provided the following conditions are met:

a.  prior to issuance of any final order of the Local Planning Appeal Tribunal approving the revised development, the owner shall:

i.  submit a draft by-law Zoning By-law in a form satisfactory to the City Solicitor; and

ii.  enter into a Section 37 Agreement with the City, to the satisfaction of the City Solicitor, which secures the following:

A.  a total cash contribution of $5.4 million dollars ($5,400,000.00) to be paid prior to issuance of any above-grade building permit; of that total, $400 000 shall be allocated for capital improvements to new or existing affordable housing or community and cultural space in the subject ward; the remaining $5 million will be allocated for community benefits in the vicinity of the subject lands, with specific allocation be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and specified in the Section 37 Agreement; and this amount reflects the $5 million already secured in March 2018 as part of the original settlement as well as an additional $400,000;

B.  the cash contribution referenced above shall be increased by upwards indexing in accordance with the Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date the Section 37 Agreement is registered on title to the date payment is made;

C.  provision of a minimum of 10 percent three-bedroom units and a minimum of 30 percent two-bedroom units;

D.  prior to the commencement of any excavation and shoring work, the owner will submit a Construction Management Plan and Community Consultation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning or the General Manager, Transportation Services, in consultation with the Ward Councillor;

E.  prior to the issuance of the first above-grade building permit for the site, no less than 470.5 square metres of unencumbered parkland shall be conveyed to the City, located on the north side of King Street East between the existing buildings identified as 254 King Street East and 266 King Street East, pursuant to Section 42 of the Planning Act; these lands shall be unencumbered and meet Parks, Forestry and Recreation's environmental requirements and base park conditions, as set out in the Memorandum to Community Planning and City Legal provided by Planning, Design and Development Parks, Forestry and Recreation dated September 27, 2016, to the satisfaction of the General Manager, Parks Forestry and Recreation;

F.  prior to the issuance of Site Plan Approval, the owner shall construct, to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway, on a private sidewalk along the south side of the proposed vehicular driveway through the building, which must abut the proposed public park and will be subject to a pedestrian public access easement extending between Princess Street and Ontario Street; the specific location, configuration and design of the pedestrian walkway shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; and

G.  design and financially secure any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Site Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

Confidential Appendices A and B to the report (April 28, 2021) 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 (April 28, 2021) 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.