Item - 2017.CC35.7

City Council on December 5, 6, 7 and 8, 2017, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (November 29, 2017) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor remain confidential as it contains advice which is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer set out in Appendix A to the report (November 29, 2017) from the City Solicitor .

2.  City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Municipal Board hearing in support of the Zoning By-law Amendment Application for 8-20 Widmer Street, as revised, and described in the report and as set out in Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor, subject to the following conditions being addressed to the satisfaction of the City Solicitor:

a.  prior to the Ontario Municipal Board issuing its order, the owner shall enter into an agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor;

b.  the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, be authorized to finalize the elements of the settlement, including the zoning by-law amendment and any other related planning instruments and be authorized to request that the Ontario Municipal Board approve the development in accordance with the above recommendations;

c.  the applicant enters into a Heritage Easement Agreement for the properties at 10 - 20 Widmer Street in accordance with a Heritage Impact Assessment and architectural drawings, and subject to and in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

d.  the properties are designated pursuant to Section 29 of the Ontario Heritage Act;

e.  the applicant obtains, in consultation with the Toronto Preservation Board, City Council approval for the required alterations to the heritage properties at 10 - 20 Widmer Street pursuant to Section 33 of the Ontario Heritage Act; and

f.  the applicant provides a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in a Heritage Impact Statement for the properties at 10-20 Widmer Street to the satisfaction of the Senior Manager, Heritage Preservation Services.

The balance of Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Appendix A to the report (November 29, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).