Item - 2019.CC2.5

City Council on January 30 and 31, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 23, 2019) from the City Solicitor.

2.  City Council authorize the public release of:

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (January 23, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (January 23, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege; and

b.  Confidential Attachments 2 and 3 to the report (January 23, 2019) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 23, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated September 9, 2018, as amended on January 17, 2019, in Confidential Attachment 2 to the report January 23, 2019 from the City Solicitor, and City Council direct the City Solicitor to attend at a pre-hearing/settlement hearing at the Local Planning Appeal Tribunal in support of the revised proposal.

2.  City Council direct that the community benefits under Section 37 of the Planning Act be allocated as $3,100,000.00 towards capital 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;  in the event the cash contribution has not been used for the intended purpose as set out therein within three (3) years of the approval of the Zoning By-law Amendments, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local City Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to hold its Order on the Zoning By-law Amendment until such time that:

a.  By-law 353-2015 for 10 St. Mary Street is amended under Section 30.1 of the Ontario Heritage Act to add additional heritage attributes to the Statement of Significance;

b.  the properties at 710, 712, 714 and 716 Yonge Street are designated under Part IV, Section 29 of the Ontario Heritage Act;

c.  the owner has entered into Heritage Easement Agreements with the City for the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street, 710, 712, 714, 716 and 718 Yonge Street in accordance with plans and drawings dated January 16, 2019, prepared by Architects Alliance, date-stamped received by Heritage Preservation Services January 17, 2019 and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan required in Part 3.d. below to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

d.  the owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street prepared by ERA Architects Inc. dated January 17, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

e.  the owner has entered into and registered on the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street,  710, 712, 714, 716 and 718 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act, to secure the benefits in Part 2, above to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services, with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations.

4.  City Council direct Staff to request the Local Planning Appeal Tribunal to approve such modifications, if any, as may be required to permit the proposed Development to the Historic Yonge Heritage Conservation District, Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016, Official Plan Amendment 183, Official Plan Amendment 199, Official Plan Amendment 231 and the Downtown Secondary Plan, or otherwise provide relief from such instruments as necessary in order to reflect the terms of this settlement.

5.  City Council direct that the parkland dedication requirement be satisfied by a payment of cash-in-lieu of parkland.

Confidential Attachments 2 and 3 to the report (January 23, 2019) 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 (January 23, 2019) 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.