Item - 2019.CC1.15

City Council on December 4, 5 and 13, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor, subject to an additional requirement that in order to address concerns from the Draper Street Residents Association about mitigating the impacts of construction activities in and around the site, the applicant be required to prepare a Construction Management Plan prior to commencement of construction on the site, to be secured in a legal agreement(s) as appropriate prior to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (December 3, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated November 30, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as generally shown on the Revised Plans dated November 5, 2018, in Appendix A - Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 2 to7 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development set out in the Settlement Offer dated November 30, 2018 in Confidential Attachment 2 to the report (December 3, 2018) from the City Solicitor and as generally shown on the Revised Plans dated November 5, 2018, in Appendix A - Confidential Attachment 3 to the report (December 3, 2018) from the City Solicitor, subject to Parts 3 to 7 below.

3.  City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to continue to work with the owner on the final form of the Zoning By-law amendments to be presented as part of the settlement before the Local Planning Appeal Tribunal; this includes working with the owner to make best efforts to reduce the size, height, and location of the mechanical penthouse to minimize its visual impact and further, the final form of the Zoning By-law amendment shall require that the space occupied by the mechanical penthouse, and as shown on the Revised Plans, shall not be converted to habitable space.

4.  City Council authorize the City Solicitor and appropriate City staff to continue to work with the owner on exploring the feasibility of the removal of three existing street posts along Draper Street and install below grade hydro lines and appropriate lighting on the building at the owner's expense up to a maximum contribution of $150,000 (representing $50,000 per street post), and to secure same by way of an agreement pursuant to Section 37 of the Planning Act as a matter of legal convenience as may be required.

5.  Upon the issuance of the an order by the Local Planning Appeal Tribunal approving the revised proposal as set out in the Settlement Offer and Revised Plans, subject to City Council's decision, the owner shall immediately withdraw its appeal and/or withdraw its party status to the appeal of the King-Spadina Heritage Conservation District Plan with respect to the property at 485-489 Wellington Street West and any other City-initiated official plan amendments under appeal.

6.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law amendments are in a form satisfactory to the City;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has submitted an updated Functional Servicing Report, and updated Hydrogeological Report, and an updated Parking Study, addressing the comments outlined in the memorandum from Engineering and Construction Services dated April 12, 2018, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has submitted all additional information to address the outstanding comments outlined in the memorandum from Engineering and Construction Services dated April 12, 2018, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

7.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

Confidential Attachments 2 and 3 to the report (December 3, 2018) 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 (December 3, 2018) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations, and it contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (December 3, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.