Item - 2013.TE28.2

That:

1.         City Council adopt the recommendations in the supplementary report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, [TE28.2a] amended to read as follows:

1.         City Council authorize the City Solicitor, together with Chief Planner and Executive Director, City Planning and any other appropriate staff, to oppose the applicant's appeal respecting the Zoning By-Law Amendment application for 266-270 and 274-322 King St West, at the Ontario Municipal Board, and to retain such experts as the City Solicitor may determine appropriate.

2.         Council forward the alternative development concept described in the report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, and a copy of the report (November 8, 2013) from the Director, Community Planning, Toronto and East York District, to a Working Group and mediation process as defined by City Council.

3.         City Council authorize the City Solicitor to also advise the OMB that City Council’s position is that any redevelopment of the sites, if approved by the OMB, should secure such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be recommended by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

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

2.         City Council endorse in principle the following elements and support their inclusion in the proposed project; An art gallery to house the Mirvish Collection, the establishment of both classroom and programming space for Ontario College of Art and Design University on site and secure these benefits, amongst other yet defined benefits, through a Section 37 agreement.

3.         City Council direct that a working group  be appointed by the Chief Planner and Executive Director, City Planning, and the local Ward Councillor and the applicant, composed but not limited to the following persons, or their representatives:

- the Local Councillor as Chair

- the Chair of Planning and Growth Management Committee

- City Planning Staff

- the Applicant

- Local Community (3)

- Local BIA

- Toronto Preservation Board

- Heritage Toronto

- an Urban Planner

- an Independent Architect

- an Art Administrator

- an Ontario College of Art and Design University representative

4.         City Council direct that the work plan for the working group above include but not be limited to the following:

a.         Confirming a terms of reference at its first meeting;

b.         Reviewing and discussing the current proposal and the alternative approaches contained in the staff report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, as amended, and to identify issues and concerns pertaining to the development of the lands and their impact on the community;

c.         Reviewing issues including but not limited to the site development, neigbourhood context, managing growth in the area, internal configurations for the programme, external dimensions of the proposed development, the location of the buildings, infrastructure requirements and the issues related to the heritage resources on site;

d.         Considering the construction and delivery of significant enhancements to the John Street Cultural Corridor, the pedestrian realm, and improving transit capacity of King Street West as they relate to the proposal;

e.         Recording points of consensus and/or divergent points of view on issues;

f.          Requesting City staff and the applicant to support the Working Group with any technical information that they may require, including but not limited to support for recording and writing the final report; and

g.         Hosting at least one public meeting forum to obtain community feedback and that notice of this public meeting to be mailed to all residents within 120 metres of the site and any other individuals who have expressed written interest in the proposal so far.

5.         City Council direct that following the working group process, a third party mediator be retained, if needed, (cost shared by the applicant and the City Planning Division) to review the findings of the working group and work with the City and the applicant to obtain a settlement on any outstanding issues, the mediator will be jointly appointed by the City Planning Division and the Applicant.

6.         City Council direct that the findings of the working group be reported by the Chief Planner and Executive Director, City Planning, to City Council through the Toronto and East York Community Council, no later than the March 20, 2014 meeting of Council with any recommendations or potential settlement proposals that may emerge from the process.