Item - 2021.CC34.8

City Council on June 8 and 9, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 Attachments 2 and 3 to the report (May 28, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (May 28, 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 Confidential Attachment 1 to the report (May 28, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing in support of the without prejudice settlement offer respecting the Zoning By-law Amendment applications for 470-474 Wellington Street West (File 16 261191 STE 20 OZ) and 482-488 Wellington Street West (16 270154 STE 20 OZ) as set out in Confidential Attachments 2 and  3 to the report (May 28, 2021) from the City Solicitor (the "Settlement Offer").

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing of the appeals generally in support of the Settlement Offer proposal, subject to the Parts 3 to 5 set out below.

3.  In the event that the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) allows the appeals in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to withhold the issuance of any Order(s) on the Zoning By-law Amendment appeals until such time as:

a.  the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) has been advised by the City Solicitor that the Zoning By-law Amendment(s) have been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and have been provided to the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal);

b.  the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Owner has entered into and registered a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the Owner has provided access, parking and loading facilities to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

e.  Heritage Easement Agreement(s) with the City for the properties at 482 and 488 Wellington Street West are registered to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor;

f.  the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning;

g.  the Owner has submitted a copy of the relevant assessment report(s) to Heritage Planning in both hard copy format and as a PDF file on compact disk;

h.  the Owner has made arrangements satisfactory to the City Solicitor to withdraw their appeal(s) of the King-Spadina Secondary Plan (Official Plan Amendment 486), upon the issuance of an Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order allowing the Zoning By-law Amendment appeals in part;

i.  the Owner has made arrangements satisfactory to the City Solicitor to withdraw their appeal(s) of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016, with respect to 470-488 Wellington Street West, upon the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order allowing the Zoning By-law Amendment appeals in part;

j.  the Owner has made arrangements satisfactory to the City Solicitor to withdraw their appeal(s) of the King-Spadina Heritage Conservation District Plan, and if not an appellant, but rather a party to such appeals, the Owner shall withdraw as a party and not seek any party or participant status on the appeals;

k.  the Owner has made arrangements satisfactory to the City Solicitor to withdraw their appeal(s) of the designation of both 482 and 488 Wellington Street West to the Conservation Review Board, upon the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order allowing the Zoning-law Amendment appeals in part; and

l.  the Owner has entered into a Section 37 Agreement securing the matters set out in Part 4 below.

4.  Before the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) issues any Order approving a site-specific Zoning By-law for the lands, the Owner shall enter into and register on the properties at 470-474 and 482-488 Wellington Street West one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning; the community benefits and other matters to be secured are as follows:

a.  a financial contribution in the amount of $1,380,000 to be allocated as follows:

i.  $1,180,000.00 for above-base streetscape improvements on the north side of Wellington Street West between Spadina Avenue and Portland Street to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  $100,000.00 for the maintenance of or the provision of new affordable housing in Ward 10;

iii.  $100,000.00 toward the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10;

iv.  in the event the financial contributions referred to in Sections i., ii., and iii. above, have not been used for the intended purpose within three (3) years of the By-law(s) coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; and

v.  the financial contribution referred to in Section 4.a. above is to be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) decision to the date of payment; all financial contributions will be payable prior to issuance of the first above-grade building permit;

b.  the Owner shall covenant that not less than 22,000 square metres of the floor space at its site shall always remain zoned and constructed for office use, with such area of office space being attributed toward the required office replacement for the subject applications and for the related owner's development application proposed for 504 Wellington Street West;

c.  the Owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development; construction of such improvements shall be completed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, prior to issuance of the final building permit;

d.  the Owner shall implement any wind mitigation measures required as identified by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning, to be submitted as part of an application for Site Plan Approval;

e.  materials for the new building will be secured through Site Plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning;

f.  in the event the Owner connects to the Enwave District Heating and Cooling System, or another similar energy system, the height of the mechanical penthouse will be reduced, with the objective of eliminating any visual impact from the mechanical penthouse, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g.  prior to Site Plan Approval, the Owner will submit a construction management plan for the development at 470-488 Wellington Street West, to address such matters as wind, noise, dust, street closures, parking and laneway uses, and access, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and agree to implement the plan.

5.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

Confidential Attachments 2 and 3 to the report (May 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 (May 28, 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. The balance of Confidential Attachment 1 to the report (May 28, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.