Item - 2018.CC44.41

Tracking Status

  • City Council adopted this item on July 23, 2018 with amendments.

CC44.41 - 150-158 Pearl Street and 15 Duncan Street - Zoning Amendment Application - Request for Directions Regarding LPAT Hearing

Decision Type:
ACTION
Status:
Amended
Ward:
20 - Trinity-Spadina

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

 

1.  City Council adopt the recommendations in Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor and in Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor and in Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor and the balance of  Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

 

The confidential recommendations in Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor and in Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council reject the Settlement Offer dated July 14, 2018 attached as Public Attachment 1 (the "Settlement Offer") to the report (July 20, 2018) from the City Solicitor and City Council reject the Settlement Offer dated July 24, 2018 attached as Public Attachment 1 (the "July 24th City Council Settlement Offer") to the supplementary report (July 25, 2018) from the City Solicitor and direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal to oppose the revised proposed development.

 

2.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (July 20, 2018) from the City Solicitor and the Request for Directions Report dated April 16, 2018 and to report back to City Council on the outcome of discussions, if necessary.

 

3.  In the event the applicant addresses the issues outlined in the report (July 20, 2018) from the City Solicitor and the Request for Directions Report dated April 16, 2018 to the satisfaction of the Chief Planner and Executive Director, City Planning and to the satisfaction of the City Solicitor:

 

a.  City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal to support the further revised proposed development;

 

b.  City Council accept either cash-in-lieu, or an off-site parkland dedication that will contribute positively to existing parks within the King-Spadina area, at the discretion of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act; the location and configuration of any off-site parkland shall be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; and any off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor;

 

c.  should the owner contribute off-site parkland, City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the Owner of above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry, and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time;

 

d.  City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner and Executive Director, City Planning, should the proposal be approved in some form by the Local Planning Appeal Tribunal;

 

e.  City Council direct Staff to take such action as may be necessary to provide relief from Official Plan Amendment 352 and By-laws 1106-2016 and 1107-2016, as may be required to permit the Proposed Development, or otherwise provide for necessary relief from such instruments in order to permit the Proposed Development to be constructed in a manner that implements the terms of this settlement;

 

f.  City Council direct Staff to take such action as may be necessary to provide relief from the Downtown Secondary Plan and from any related future municipally-initiated zoning by-law amendment, if necessary, in order to ensure that such amendment(s) do not prevent the Owner from being issued a building permit that implements the terms of this settlement;

 

g.  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:

 

i.  the final form of the Zoning By-law amendments are to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor;

 

ii.  the properties at 158 Pearl Street and Duncan Street are designated pursuant to section 29 of the Ontario Heritage Act;

 

iii.  the owner has provided a Heritage Impact Assessment, prepared by a qualified heritage consultant, that is consistent with the with prejudice plans and drawings dated July 12, 2018, prepared by Richmond Architects Ltd. and the Settlement Offer dated July 14, 2018 for the properties at 158 Pearl Street and 15 Duncan Street, to the satisfaction of the Senior Manager, Heritage Preservation Services;

 

iv.  the owner has provided a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the required Heritage Impact Assessment for the properties at 158 Pearl Street and 15 Duncan Street, to the satisfaction of the Senior Manager, Heritage Preservation Services;

 

v.  the owner has entered into a Heritage Easement Agreement with the City for the properties at 158 Pearl Street and 15 Duncan Street in accordance with an approved Conservation Plan, all to the satisfaction of the Senior Manager, Heritage Preservation Services, including execution and registration of such agreement to the satisfaction of the City Solicitor;

 

vi.  the owner has obtained, in consultation with the Toronto Preservation Board, City Council approval for the required alterations to the heritage properties at 158 Pearl Street and 15 Duncan Street pursuant to Section 33 of the Ontario Heritage Act;

 

vii.  the owner has addressed the outstanding items relating to servicing outlined in the memorandum from Engineering and Construction Services dated March 20, 2018;

 

viii.  community benefits and other matters in support of the development as are determined appropriate are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor; and

 

ix.  the owner of 150-158 Pearl Street and 15 Duncan Street has withdrawn its site-specific appeals of the King-Spadina Heritage Conservation District Plan, Official Plan Amendment 352, and By-laws 1106-2016 and 1107-2016.

 

The balance of Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 20, 2018) from the City Solicitor and the balance of  Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and potential litigation

Background Information (City Council)

(July 20, 2018) Report from the City Solicitor on 150-158 Pearl Street and 15 Duncan Street - Zoning Amendment Application - Request for Directions Regarding Local Planning Appeal Tribunal Hearing (CC44.41)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119189.pdf
(July 14, 2018) Public Attachment 1
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119205.pdf
Public Appendix A
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119206.pdf
Confidential Attachment 1
(July 17, 2018) Report from the City Solicitor on 150-158 Pearl Street and 15 Duncan Street - Zoning By-law Amendment Application - Request for Direction - Notice of Pending Report (CC44.41)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119050.pdf
(July 25, 2018) Supplementary report from the City Solicitor on 150-158 Pearl Street and 15 Duncan Street - Zoning Amendment Application - Request for Directions regarding Local Planning Appeal Tribunal Hearing (CC44.41a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119491.pdf
Attachment 1 - Revised with Prejudice Settlement Offer dated July 24, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119470.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Joe Cressy (Carried)

That City Council adopt the recommendations contained in the supplementary report (July 25, 2018) from the City Solicitor, as follows:

 

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor, if adopted by City Council.

 

3.  City Council direct that all other information contained in Confidential Attachment 1 to the supplementary report (July 25, 2018) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.


Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council