Item - 2020.CC21.18

City Council on May 28, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 21, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 21, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 21, 2020) 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 (May 21, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor to attend the Local Planning Appeal Tribunal in support of a revised settlement of the appeal related to 120, 122, 124 and 128 Peter Street and 357 and 359 Richmond Street West on terms set out in a letter dated May 19, 2020 from Overland LLP attached as Public Appendix A to the report (May 21, 2020) from the City Solicitor, and substantially in the form of Architectural Drawings prepared by Architects Alliance, dated May 19, 2020 attached as Public Appendix B to the report (May 21, 2020) from the City Solicitor.

2.  City Council direct the City Solicitor to request that, prior to issuance of a Local Planning Appeal Tribunal Order in connection with the Zoning By-law Amendment, the owner shall:

a.  enter into a Heritage Easement Agreement with the City for the properties at 120 Peter Street, 122-124 Peter Street and 357-359 Richmond Street West substantially in accordance with plans and drawings prepared by Architects Alliance, submitted with the Heritage Impact Assessment prepared by GBCA Architects, dated June 27, 2018, or otherwise revised in accordance with the settlement offer or Local Planning Appeal Tribunal Order, subject to and in accordance with the approved Conservation Plan required in Part 2.b. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor;

b.  provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 120 Peter Street, 122-124 Peter Street and 357-359 Richmond Street West, prepared by GBCA Architects, dated June 27, 2018, or otherwise a conservation strategy revised in accordance with a settlement offer or Local Planning Appeal Tribunal Order, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

c.  enter into and register on the property at 120 Peter Street, 122-124 Peter Street and 357-359 Richmond Street West one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor, the Acting Director, Community Planning, Toronto and East York District, 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 including, among other matters, securing the preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a Letter of Credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

d.  provide for the withdrawal of the appeal to the Conservation Review Board of the Part IV (Ontario Heritage Act) heritage designation of the properties municipally known as 120 Peter Street, 122-124 Peter Street, and 357-359 Richmond Street West;

e.  provide for the withdrawal of the owner's appeal of the King Spadina Heritage Conservation District plan which was approved by City Council for intent to designate under Part V of the Ontario Heritage Act;

f.  make arrangements that are acceptable to the City Solicitor for the withdrawal or resolution of its site-specific appeals to Official Plan Amendment 352 (Downtown Tower Separation) and the associated Zoning By-laws (1106-2016 and 1107-2016);

g.  make arrangements that are acceptable to the City Solicitor to provide at the discretion of the General Manager of Parks, Forestry and Recreation, either on-site public parkland or a Privately-Owned Publicly Accessible Space having a minimum width of 3.0 metres and 2.0 metres at the southwest corner of the site for a length of 4.6 metres, and situated along the west boundary of the site;

h.  have entered into an agreement with the City in a form satisfactory to the City Solicitor, and that agreement is registered on title, to provide community benefits pursuant to Section 37 of the Planning Act, having a value of $1.6 million dollars, payable upon the date of issuance of the Tribunal's Order;  such funds to be used by the City at its discretion with $1,280,000 for public realm improvements within the block bounded by Spadina Avenue, Peter Street, Adelaide Street West and Richmond Street West, $160,000, for new rental housing within Ward 10 and $160,000 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10;

i.  in the event the cash contributions in Part 2. h. above have not been used for the intended purpose within five (5) years of the By-laws coming into full force and effect, the cash contributions may be redirected for another purpose(s) 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 Official Plan and will benefit the community in the vicinity of the lands; and

j.  address the outstanding items in relation to servicing and transportation requirements as outlined in the memorandum from Engineering and Construction Services dated May 15, 2018, or as updated to respond to the settlement plans, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

3.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning to finalize the elements of the settlement, including the final form of the minutes of settlement, the Zoning By-law and any other related planning instruments, and to request the Local Planning Appeal Tribunal to approve the development in accordance with City Council's decision.

The balance of Confidential Attachment 1 to the report (May 21, 2020) 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 (May 21, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.