Item - 2020.CC16.1

City Council on February 26, 2020, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor Cressy.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor Cressy.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 11, 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 (December 11, 2019) from the City Solicitor, as amended by motion 1 by Councillor Cressy, were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated December 9, 2019 in Public Attachment 1 to the report (December 11, 2019) from the City Solicitor and as shown on the architectural plans dated October 28, 2019 in Public Appendix 1 to Public Attachment 1 to the report (December 11, 2019) from the City Solicitor, subject to Parts 2 to 5 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 as set out in the Settlement Offer.

3.  City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing as a community benefit an indexed cash contribution of $3,200,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the proposed development which is to be allocated for community services and facilities in Ward 10 at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and to secure other matters of legal convenience, all to the satisfaction of the City Solicitor.

4. City Council authorize the City Solicitor to secure as a matter of legal convenience in the Section 37 agreement referred to in Part 3 above a requirement that the Applicant will use best commercial efforts to provide at least three commercial restaurant uses on the ground floor of the subject site, all to the satisfaction of the City Solicitor.

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that:

a.  the proposed zoning by-law amendments are in a form satisfactory to the Chief Planning and Executive Director, City Planning, and the City Solicitor;

b.  all outstanding comments set out in the Engineering and Construction Services memorandum dated February 9, 2019, including the necessary revisions to Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the owner has entered into the necessary agreements requiring the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

d.  the City and the owner have entered into and registered on title to the Subject Site a Section 37 Agreement securing the community benefits referenced in Part 3 above, and other matters of legal convenience, all to the satisfaction of 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 the properties at 301-303, 305, 309, and 311, 315, and 319 King Street West prepared by Phillip Goldsmith Architect dated October 25, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

f.  the owner has entered into a Heritage Easement Agreement with the City for the properties at 301-303, 305, 309, and 311, 315, and 319 King Street West substantially in accordance with the architectural plans dated October 28, 2019 included as Public Appendix 1 to Public Attachment 1 to this report and in accordance with the Conservation Plan required in Part 5.e above, to the satisfaction of the Senior Manager, Heritage Preservation Services, and with such agreement to be registered on title to the Subject Site to the satisfaction of the City Solicitor;

g.  the owner has received approval from City Council to alter the Subject Site pursuant to Section 33 of the Ontario Heritage Act;

h.  the owner has withdrawn its appeal(s) of the King-Spadina Heritage Conservation District Plan, as they relate to the 301-319 King Street West, upon the Local Planning Appeal Tribunal order allowing the appeal in part of the Zoning By-law Amendments, bringing such By-laws into force, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals; and

i.  the owner has withdrawn its site-specific appeals of Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016 as they relate to 301-319 King Street West.

The balance of Confidential Attachment 1 to the report (December 11, 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 (December 11, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.