Item - 2019.CC9.27

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

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

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, and Confidential Appendices A and B 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 recommendations 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 attached as Confidential Appendices A and B to the report (July 15, 2019) from the City Solicitor (together, the "Revised Proposal") and City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal to support the Revised Proposal, subject to Parts 2 to 8 below.

2.  City Council accept cash-in-lieu of a parkland contribution pursuant to Section 42 of the Planning Act and Chapter 415, Article III of the Toronto Municipal Code.

3.  City Council authorize the introduction of a By-law authorizing the entering into of a Heritage Easement Agreement for the properties at 139, 141 and 143 Portland Street.

4.  In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  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;

b.  the owner has provided a revised Heritage Impact Assessment, prepared by a qualified heritage consultant, that is consistent with the without prejudice plans and drawings dated July 12, 2019, prepared by CoreArchitects and the Settlement Offer dated July 12, 2019 for the development site, to the satisfaction of the Senior Manager, Heritage Preservation Services;

c.  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 139, 141 and 143 Portland Street, to the satisfaction of the Senior Manager, Heritage Preservation Services;

d.  the owner has entered into a Heritage Easement Agreement with the City for the properties at 139, 141 and 143 Portland 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;

e.  the Toronto Preservation Board has considered and City Council has made a decision on whether to designate the heritage properties at 139, 141 and 143 Portland Street, under Part IV of the Ontario Heritage Act; in the event that any of properties are designated under Part IV of the Ontario Heritage Act, the Local Planning Appeal Tribunal Order will also be withheld until City Council, in consultation with the Toronto Preservation Board, approves the required alterations to the designated heritage properties pursuant to Section 33 of the Ontario Heritage Act to permit construction of the proposed development of the site;

f.  the Chief Planner and Executive Director, City Planning has dealt with a future Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units at 135-143 Portland Street and such matters arising from the future Rental Housing Demolition Application have been secured in a Section 111 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and registered on title to the site to the satisfaction of the City Solicitor;

g.  the owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and

h.  the owner has designed and provided financial securities for any upgrades and/or required improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development.

5.  Upon issuance of a final Local Planning Appeal Tribunal Order, City Council direct that the owner be required to immediately withdraw:

a.  its appeal(s) of the King-Spadina Heritage Conservation District Plan, as they relate to 135-143 Portland Street, 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

b. its appeals of Official Plan Amendment 352, and By-laws 1106-2016 and 1107-2016 as they relate to 135-143 Portland Street.

6.  City Council direct that the following matters be resolved in the Site Plan Approval: 

a. the owner will secure the required 0.56 metre conveyance of land for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services;

b. the owner will be required to secure screening and other mitigation measures for the loading facilities at grade, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.  the owner will be required to articulate the blank walls on the north and south sides of the building and the soffit around the heritage properties to soften their appearance and provide visual interest to the satisfaction of the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services; and

d. the owner will provide a construction management plan satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor.

7.  City Council direct staff to take such action as may be necessary to provide relief from the King Spadina Heritage Conservation District, 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.

8.  City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A and B to the report (July 15, 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 (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 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.