308-314 Jarvis St. & 225 Mutual St. (Duration Investments) - Real Estate -

308-314 Jarvis Street, 225 Mutual Street - Zoning By-law Amendment Application - Request for Directions
Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.
Origin
(March 29, 2021) Report from City Solicitor​
Recommendations
The City Solicitor recommends that:

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to the report (March 29, 2021) 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.​
Summary
On January 9, 2015, the applicant (Duration Investments Limited) appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (the "LPAT") due to a lack of decision by the City within the statutory timeframe. On November 28 and 29, 2017, the City Solicitor received a confidential and without prejudice settlement offer from the applicant (the "Original Settlement Offer"), accompanied by architectural plans, prepared by Quadrangle Architects dated November 24, 2017, all of which have since been made public (the "Original Settlement Plans"). During its meeting of December 5, 6, 7 and 8, 2017, City Council adopted, with amendments, the recommendation of the Request for Directions Report (November 29, 2017) from the City Solicitor to accept the Original Settlement Offer. On February 7, 2018, the LPAT rendered an oral decision allowing the applicant's appeal in part and withholding the final order pending satisfaction of a number of conditions.

Subsequent to the LPAT decision, the site was transferred to a new owner. On September 6, 2019 the new owner submitted a Site Plan application accompanied by a new set of architectural plans, prepared by Turner Fleischer Architects Inc. These plans were not part of the Original Settlement Offer accepted by City Council. Since then the new plans have undergone a number of revisions resulting in the most recent versions, dated August 21, 2020 and February 9, 2021. The new architectural plans are attached hereto as Public Attachments 1 and 2. The new architectural plans are different from the Original Settlement Plans approved by Council in a number of material respects. As such they represent new proposed settlement plans (the "New Settlement Plans") and form part of a revised settlement offer with respect to the Zoning By-law Amendment appeal at the LPAT (the "Revised Settlement Offer"). The purpose of this report is to request instructions with respect to the Revised Settlement Offer.​

Background Information
(March 29, 2021) Report from the City Solicitor on 308-314 Jarvis Street, 225 Mutual Street - Zoning By-law Amendment Application - Request for Directions (CC31.6)
(http://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165284.pdf)
Public Attachment 1 (Part 1) - Architectural Plans prepared by Turner Fleischer Architects Inc. and dated August 21, 2020 for the property municipally known as 308-314 Jarvis Street, 225 Mutual Street
(http://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165286.pdf)
Public Attachment 1 (Part 2) - Architectural Plans prepared by Turner Fleischer Architects Inc. and dated August 21, 2020 for the property municipally known as 308-314 Jarvis Street, 225 Mutual Street
(http://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165287.pdf)
Public Attachment 2 - Architectural Plans prepared by Turner Fleischer Architects Inc. and dated August 21, 2020 and February 9, 2021 for the property municipally known as 308-314 Jarvis Street, 225 Mutual Street
(http://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-165288.pdf)
Confidential Attachment 1​
 

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