Item - 2017.CC35.8

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

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Kristyn Wong-Tam.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by the confidential attachment to motion 1 by Councillor Kristyn Wong-Tam, and Confidential Appendices A and C to the report (November 29, 2017) from the City Solicitor and 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 that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor were adopted by City Council, as amended by the confidential attachment to motion 1 by Councillor Kristyn Wong-Tam, and are now public, as follows:

1.  City Council accept the confidential and without prejudice Settlement Offer, dated November 28 and 29, 2017, as submitted by Devine Park LLP on behalf of the owner of 308-314 Jarvis Street and 225 Mutual Street (the site), set out in Appendix A of Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor, as amended by Confidential Instruction 2 below, including being substantially in accordance with the Confidential and Without Prejudice revised architectural plans prepared by Quadrangle Architects  dated November 24, 2017 and on file with the Chief Planner and Executive Director, City Planning and with the Senior Manager- Heritage Preservation Services, and in accordance with the revised Heritage Impact Assessment (HIA), prepared by Philip Goldsmith Architect, dated November 24, 2017 and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services, and  all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Senior Manager Heritage Preservation Services, and which shall include the conservation in situ of the heritage building located at 314 Jarvis Street (the Charles Sheard House) save and except the rear addition of such building.

2.  City Council amend paragraph 4 of Appendix A of Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor by inserting Parts (a.1.) and (a.2.) as follows:

(a.1.) in addition to the payment in item (a) above, and in addition to the matters set forth in paragraph 5 below,  prior to the registration of the Section 37 Agreement against title to the Site and in any event, prior to the issuance of any Board Order approving the Zoning By-law Amendments (allowing the appeal in part),  the Owner shall pay to the City the sum of $200,000.00 to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for capital improvements to improve the public safety and other conditions of public interest relating to the lane known as McLear Place, including such things as lighting, and for streetscape and other improvements in the vicinity of the site;

(a.2.) the Owner agrees that as part of any site plan application and approval pursuant to section 114 of the City of Toronto Act, 2006 and/or section 41 of the Planning Act, the Owner in consultation with City Planning staff will incorporate into the site plan conditions and drawings for the Site, matters to improve the safety and conditions for users of  the lane known as McLear Place such as lighting from the Site, and which may include matters such as windows on the Site (which may include blind windows)  that provide or appear to provide overlook to such lane and anti-graffiti application on walls of new buildings on the Site, adjacent to the lane.

3.  City Council instruct the City Solicitor and any other appropriate City staff to attend the Ontario Municipal Board Hearing for 308 -314 Jarvis Street and 225 Mutual Street in support of such appeal as revised in accordance with the settlement offer from the proponent's solicitor, Devine Park LLP, dated November 28 and 29, 2017 being the Zoning By-law amendment application as revised and described in Appendix A of Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor, as amended by Confidential Instruction 2 above, including revised plans satisfactory to the Chief Planner and Executive Director, City Planning, and subject to the conditions in Appendix A to the report (November 29, 2017) from the City Solicitor, as amended by confidential instruction 2 above, being addressed to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager Heritage Preservation Services.

4.  City Council jointly authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to support minor changes to the final built form of the development proposal which are satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services and the General Manager Parks, Forestry and Recreation.

5.  City Council authorize and direct City Officials to take the necessary action to implement City Council's decision, including execution of appropriate agreements pursuant to Section 37 of the Planning Act.

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