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Toronto City Council · 2019-07-16 · 2019.CC9.26

The filed record

504 Wellington Street West - Zoning By-law Amendment Application - Request for Further Directions Regarding Local Planning Appeal Tribunal Hearing

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The decision

2019-07-16 · Toronto City Council · adopted

As filed

City Council on July 16, 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated July 4, 2019 in Public Attachment 1 to the report (July 15, 2019) from the City Solicitor and as shown on the plans dated April 26, 2019 in Public Attachment 2 to the report (July 15, 2019) from the City Solicitor in principle, subject to the Applicant submitting revised plans showing increased setbacks from the east side lot line to the proposed building between floors 6 and 10 that match or exceed the building setbacks achieved on the west side lot line of the existing building at 500 Wellington Street West and include bicycle parking spaces in accordance with the Toronto Green Standards, to the satisfaction of the Chief Planner and Executive Director, City Planning, and further subject to the Applicant agreeing to the conditions set out in Part 3 below. 2. City Council, in the event that the Applicant provides the revised plans as described in Part 1 above and agrees to the conditions set out in Part 3 below, authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Revised Proposed with the further changes described above. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment application until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. all engineering and transportation matters outlined in their memorandum dated June 20, 2019, including the necessary revisions to Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; c. all Metrolinx matters outlined in the their comments dated May 17, 2019, including the provision of a Noise Study, the inclusion of warning clauses, and the provision of an environmental easement for operational emissions, have been addressed to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with Metrolinx; and d. a restrictive covenant satisfactory to the City Solicitor has been registered on title to the property at 482-488 Wellington Street West restricting the redevelopment of that property unless such development includes a minimum of 1,591.5 square metres of office floor area replacing the office floor area that will be removed as part of the redevelopment of 504 Wellington Street West to the satisfaction of the Chief Planner and Executive Director, City Planning. The balance of Confidential Attachment 1 to the report (July 15, 2019) 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Uxland Development (West) Inc. (the "Applicant") is the owner of lands municipally known as 504 Wellington Street West (the "Subject Site"). The Subject Site is located on Wellington Street West east of Portland Street. The Subject Site currently contains a 3 storey office building with 1,591.5 square metres of office gross floor area ("GFA"). On December 22, 2016, the Applicant submitted a Zoning By-law Amendment application to the City proposing to amend former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 to permit the development of a 15 storey office building including retail and service commercial uses at grade (the "Application").

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The Application included one Type C loading space and 12 vehicle parking spaces and 37 bicycle parking spaces. A total of 7,552 square metres of office GFA and 310 square metres of retail and commercial GFA were proposed. The office building was proposed to have a total height of 68.8 metres. On October 31, 2017, the Applicant appealed the Application to the Ontario Municipal Board ("OMB") (now known as the Local Planning Appeal Tribunal ("LPAT")) as LPAT File No. PL171178. In April 2019, the Applicant submitted to the City a revised proposal for a 13 storey residential building with a height of 45 metres plus mechanical penthouse (the "Revised Proposal"). The Revised Proposal includes 5,434 square metres of residential gross GFA and includes 22 parking spaces located in 3 levels of underground parking. On July 4, 2019, the Applicant's counsel, Davies Howe LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer"). The Settlement Offer proposed a resolution of the LPAT appeal based on the Revised Proposal, which the Applicant recognizes may require further minor modifications in completing the final form of the zoning by-law amendments based on comments from City staff on the latest submission. In order to satisfy their office replacement requirement for the existing office uses on the Subject Property, the Settlement Offer proposes that 1,591.5 square metres of replacement office GFA be included in the proposed development at 482-488 Wellington Street West, which is owned by a sister company of the Applicant. In order to secure the office replacement, the Applicant has agreed to request the LPAT make any final order on the zoning by-law amendment application conditional on the registration of a restrictive covenant in favour of the City and satisfactory to the City Solicitor on title to 482-488 Wellington Street West restricting development of the property unless it includes the required 1,591.5 square metres of office replacement from the Subject Property. The Settlement Offer also proposes to provide cash-in-lieu payment to satisfy the parkland obligations under Section 42 of the Planning Act. The Revised Proposal is described in further detail in the "Comments" section below. The Settlement Offer also confirms that the Wellington Place Neighbourhood Association (the "WPNA") and the Applicant have reached a settlement on the basis of the Revised Proposal. In addition to the City and the Applicant, the WPNA are a party to the LPAT appeal for this matter. The WPNA and the Applicant have entered into minutes of settlement dated April 25, 2019. The Settlement Offer is included as Public Attachment 1 to this report. The architectural plans showing the Revised Proposal dated April 26, 2019 by RAW Design are included as Public Attachment 2 to this report. An LPAT prehearing conference is currently scheduled for August 1, 2019. As part of their minutes of settlement, both the Applicant and the WPNA have agreed to consent to the conversion of the prehearing conference into a settlement hearing. The purpose of this report is to request further instructions for the upcoming LPAT hearing. City Planning has been involved in the preparation of this report

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

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