Item - 2022.CC39.8

City Council on February 2 and 3, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) 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, 2022) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 25, 2022) 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 (January 25, 2022) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of the revised plans related to 133-141 Queen Street East and 128 Richmond Street East, substantially in the form of Architectural Drawings prepared by IBI Group, dated November 5, 2021 and attached as Public Appendix A to the report (January 25, 2022) from the City Solicitor subject to the following conditions:

a.  the maximum depth of the balconies of the Jarvis Street frontage of the proposed tower will be limited to 1 metre depth;

b.  balconies located on the Jarvis Street frontage of the proposed tower will occupy no more than 70 percent of the building face for each floor, with the precise location to be resolved to the satisfaction of City staff through the site plan approval process;

c.  no balconies will be permitted to "wrap around" the corners of the building on any frontage, and no balcony will be located within 1.5 metre of a corner of the tower, to the satisfaction of City staff through the site plan approval process; and

d.  the fifth floor outdoor amenity space will be stepped back a minimum 3 metres above the 4 storey podium portion of the building on Queen Street East; a minimum 1.8 metres of that stepback width will be landscaping.

2.  City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order with respect to the Zoning By-law Amendment application until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a.  the draft Zoning By-laws are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b.  the Applicant has entered into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 133-141 Queen Street East and 128 Richmond Street East, in a manner satisfactory to the City Solicitor to secure the community benefits outlined in Part 3 below;

c.  the Applicant has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memorandum dated December 11, 2019 or as may be updated in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, 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; the reports will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; and

e.  the owner has withdrawn its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as relates to the subject lands.

3.  City Council authorize the City Solicitor to prepare an agreement between the owner and the City pursuant to Section 37 of the Planning Act to secure the following:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a cash contribution of $3,500,000.00 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, excluding demolition permits and any permits associated with the heritage alterations and conservation work, and to be allocated to certain community benefits in the vicinity of the Subject Site with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  the required cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Ontario Land Tribunal decision to the date of payment; and

iii.  in the event the cash contributions referred to in Part 3.a.i. above has not been used for the intended purposes within three (3) years of the site specific Zoning By-law 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 lands; and

b.  the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.  the Applicant shall provide a minimum of 10 percent of the new residential dwelling units in the development as dwelling units containing at least three bedrooms and having a minimum gross floor area of 100 square metres, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  the Applicant shall pay for and construct any improvements to the municipal infrastructure, at their sole expense, in connection with the Functional Servicing and Stormwater Management Reports or other reports 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;

iii.  the Applicant shall develop a Construction Mitigation Plan prior to the issuance of the first below grade building permit for the proposed development of the Subject Site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iv.  the Applicant shall submit an updated Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning and provide any wind mitigation measures identified in the required wind studies for the revised proposal as part of the Site Plan approval process for the Subject Site.

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

The balance of Confidential Attachment 1 to the report (January 25, 2022) 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 (January 25, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.