Item - 2017.CC35.9

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, the Decision History and Confidential Appendices A, B, C and D to the report (November 29, 2017) from the City Solicitor and City Council direct 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 approve the alterations to the heritage property at 314 Jarvis Street, in accordance with Section 33 of the Ontario Heritage Act, in accordance with 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 to 314 Jarvis Street and 225 Mutual Street (the Site), set out in Appendix A to Confidential Attachment 1 to the report (November 29, 2017) from the City Solicitor (the Settlement Offer), as amended by publicly released Confidential Instruction 2 in Item CC35.8 headed "308-314 Jarvis Street and 225 Mutual Street - Appeal of Zoning By-law Amendment Application", including to allow for the construction of a maximum 34-storeys and not exceeding 103.5 metres excluding mechanical penthouse and other projections (108.5 metres including mechanical penthouse and all other projections), mixed-use building with retail at grade fronting Jarvis Street including incorporation and conservation of the heritage building located at 314 Jarvis Street (The Charles Sheard House) on the lands known municipally known in the year 2017 as 308-314 Jarvis Street and 225 Mutual Street (the Site), with such alterations to be  substantially in accordance with the architectural  plans and drawings dated November 24, 2017 prepared by Quadrangle Architects Limited and on file with the Senior Manager, Heritage Preservation Services; and 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 subject to conditions 1 to 9, both inclusive, set out in the Settlement Offer, comprising the Terms of Settlement.

2.  City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement registered on the title for the heritage property at 314 Jarvis Street on January 29, 1990 (CA 70417), and amended March 31, 1992 (CA 18352), including that such agreement shall delete the previous permission for alterations set out in such agreements, which amendment shall comprise a revocation of such previous approval of alteration by City Council respecting 314 Jarvis Street, in a form and with content satisfactory to the City Solicitor and Senior Manager, Heritage Preservation Services.

3.  City Council authorize the City Solicitor to introduce any necessary bill in Council to amend the Heritage Easement Agreement currently registered on the title for the heritage property at 314 Jarvis Street.

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, B, C and D and the confidential decision history to the report (November 29, 2017) from the City Solicitor are now public and can be accessed under Background Information (City Council).