Item - 2017.CC26.5

City Council on March 9, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential recommendations contained in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor;

b.  Confidential Attachment 2 to the report (March 1, 2017) from the City Solicitor; and

c.  Confidential Attachment 3 to the report (March 1, 2017) from the City Solicitor;

and City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The following confidential recommendations in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor were adopted by City Council and are now public:

1.  City Council accept the without prejudice settlement offer dated February 28, 2017 and City Council direct the City Solicitor to attend the Ontario Municipal Board pre-hearing/settlement hearing in support of the revised proposal.

2.  City Council direct that the community benefits under Section 37 of the Planning Act be allocated as follows:

a.  $200,000.00 towards capital improvements for new or existing Toronto Community Housing and affordable housing in consultation with the local Councillor;

b.  $200,000.00 towards capital improvements for new or existing cultural and community space, in consultation with the local Councillor; and

c.  $1,600,000.00 towards capital improvements for area streetscape and/or public park space improvements in close proximity to the subject site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.

3.  City Council instruct the City Solicitor to request the Ontario Municipal Board to hold its Order on the Zoning By-law amendment until such time that:

a.  the property at 718 Yonge Street is designated under Part IV of the Ontario Heritage Act;

b.  the existing Heritage Designation By-law for 81 St. Nicholas Street is amended to include the property at 85 St. Nicholas Street;

c.  the alterations, described collectively by the plans in Confidential Attachment 3 to the report (March 1, 2017) from the City Solicitor and the revised Heritage Impact Assessment, to the existing office building at 10 St. Mary Street, and the buildings at 81 and 85 St. Nicholas Street are approved;

d.  the Heritage Easement Agreement for 10 St. Mary Street and 81-85 St. Nicholas Street, and 718 Yonge Street have been executed by the owner; and

e.  a Section 37 agreement has been executed by the owner.

4.  City Council direct the Chief Planner and Executive Director, City Planning to report to the Toronto Preservation Board at its meeting scheduled to commence on April 20, 2017 (the “Heritage Report”) with recommendations regarding the proposed alterations under the Ontario Heritage Act as described in the Revised Heritage Impact Assessment dated February 8, 2017, and the designation of the properties at 718 Yonge Street and 81 St. Nicholas under Part IV of the Ontario Heritage Act, and City Council further direct the Toronto Preservation Board to report directly to City Council for its consideration and action in respect of the recommendations contained in the Heritage Report at its meeting scheduled to commence on April 26, 2017.

Confidential Attachments 2 and 3 to the report (March 1, 2017) 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 (March 1, 2017) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.