Item - 2019.CC5.10

City Council on March 27 and 28, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (March 19, 2019) from the City Solicitor.

3.   City Council direct that the balance of Confidential Attachment 1 to the report (March 19, 2019) 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 instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated February 28, 2019 in Confidential Appendix A and as generally shown on the Settlement Plans dated February 28, 2019 in Confidential Appendix B to the report (March 19, 2019) from the City Solicitor, subject to the Parts set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on April 1, 2019 generally in support of the revised development as described in the Settlement Offer in Confidential Appendix A and as illustrated on the Settlement Plans in Confidential Appendix B to the report (March 19, 2019) from the City Solicitor, subject to the Parts set out below.

3.  In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Official Plan Amendment and Zoning By-law Amendment appeals until such time as:

a.  the Official Plan and Zoning By-law Amendment(s) have been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and have been provided to the Local Planning Appeal Tribunal ;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report, Stormwater Management Report and Hydrogeological Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has entered into and registered a financially secured Infrastructure Agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and City Solicitor, for the design and construction of any necessary upgrades or required improvements to the existing municipal infrastructure, should any such upgrades or improvements be identified in the accepted Functional Servicing Report, Stormwater Management Report and/or Hydrogeological Report, at the sole cost and expense of the Owner;

d.  the Owner has entered into and registered a Heritage Easement Agreement with the City in accordance with the Settlement Plans and the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019, and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the accepted Conservation Plan required pursuant to Part 3.e. below, to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor;

e.  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 280 and 288-290 Jarvis Street and 189-193 Mutual Street prepared by prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019 to the satisfaction of the Senior Manager, Heritage Preservation Services;

f.  the Owner has entered into and registered on title, an agreement with the City pursuant to Section 37 of the Planning Act 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 securing the matters set out in Part 4 below, with such facilities, services and matters to be set forth in the Zoning By-law Amendment;

g.  City Council has approved the Rental Housing Demolition application (16 271650 STE 27 RH);

h.  the Zoning By-law Amendment(s) referenced in Part 3.a. above provides for the securing of the replacement rental dwelling units (including location, size, rents and tenure), an acceptable Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and any other related rental matters;

i.  the City and the Owner have entered into and registered on title one or more agreements to secure the replacement rental dwelling units (location, size, rents and tenure), an acceptable Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and any other related rental matters; and

j.  the Owner has withdrawn or made arrangements satisfactory to the City Solicitor to withdraw its appeals of Official Plan Amendment 82, Official Plan Amendment 352 and the Garden District Heritage Conservation District.

4.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act which agreement shall be registered against title and shall provide that the Owner shall, at the Owner's expense, provide or fund the following facilities, services and/or matters on terms satisfactory to the City of Toronto, with such facilities, services and matters to be set forth in the Zoning By-law Amendment, as more specifically set out below:

a.  the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  a monetary contribution in the amount of $1,000,000.00, payable prior to the issuance of the first above-grade building permit for the development, to be used by the City in its sole discretion toward the provision of affordable housing and/or streetscape and parkland improvements in the vicinity of the development;

ii.  the cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Council decision accepting the Settlement Offer to the date of payment; and

iii. in the event the cash contribution referred has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site; and

b.  the following matters shall be secured in the Section 37 Agreement as a legal convenience to support the development:

i. submission, and thereafter implementation, of a construction management plan by the Owner to address such matters as wind, noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, and shall be completed prior to Site Plan Approval;

ii.  the replacement of rental dwelling units (location, size, rents and tenure) and development of an acceptable Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and any other related rental matters;

iii.  pior to final Site Plan approval for the proposed development, the Owner shall provide and thereafter implement as required, the following, all to the satisfaction of the Senior Manager, Heritage Preservation Services:

a. final site plan drawings substantially in accordance with the approved Conservation Plan;

b. a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character;

c. a detailed landscape plan for the subject properties;

d. an Interpretation Plan for the subject properties; and

e. a Signage Plan for 280, and 288-290 Jarvis Street.

5.  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 Appendices A and B to the report (March 19, 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 (March 19, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.