Item - 2019.CC9.26

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 15, 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 (July 15, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer dated July 4, 2019 in Public Attachment 1 to the report (July 15, 2019) from the City Solicitor and as shown on the plans dated April 26, 2019 in Public Attachment 2 to the report (July 15, 2019) from the City Solicitor in principle, subject to the Applicant submitting revised plans showing increased setbacks from the east side lot line to the proposed building between floors 6 and 10 that match or exceed the building setbacks achieved on the west side lot line of the existing building at 500 Wellington Street West and include bicycle parking spaces in accordance with the Toronto Green Standards, to the satisfaction of the Chief Planner and Executive Director, City Planning, and further subject to the Applicant agreeing to the conditions set out in Part 3 below.

2.  City Council, in the event that the Applicant provides the revised plans as described in Part 1 above and agrees to the conditions set out in Part 3 below, 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 with the further changes described above.

3.  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 Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  all engineering and transportation matters outlined in their memorandum dated June 20, 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 and the General Manager, Transportation Services;

c.  all Metrolinx matters outlined in the their comments dated May 17, 2019, including the provision of a Noise Study, the inclusion of warning clauses, and the provision of an environmental easement for operational emissions, have been addressed to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with Metrolinx; and

d.  a restrictive covenant satisfactory to the City Solicitor has been registered on title to the property at 482-488 Wellington Street West restricting the redevelopment of that property unless such development includes a minimum of 1,591.5 square metres of office floor area replacing the office floor area that will be removed as part of the redevelopment of 504 Wellington Street West to the satisfaction of the Chief Planner and Executive Director, City Planning.

The balance of Confidential Attachment 1 to the report (July 15, 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 that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.