Item - 2018.CC44.3

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

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2018) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D, E and F to the report (July 6, 2018) from the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 to the report (July 6, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council approve the settlement offer as it relates to the alterations to the designated heritage properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West, in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new tower and podium with alterations to the designated buildings at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West in connection to the ongoing appeal before the Local Planning Appeal Tribunal in the form of the plans and drawings prepared by Architects Alliance, submitted with the Heritage Impact Assessment prepared by GBCA Architects, dated June 27, 2018, all on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following conditions:

a.  prior to issuance of a Local Planning Appeal Tribunal order in connection with the Zoning By-law Amendment appeal for the properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West, the owner shall:

i.  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 a settlement offer or Local Planning Appeal Tribunal Order, subject to and in accordance with the approved Conservation Plan required in Part 1.a.ii. below, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor;

ii.  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;

iii.  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 Director, Urban Design, City Planning, 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 amongst 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;

iv.  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 122 - 124 Peter Street and 357 - 359 Richmond Street West; and

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

b.  prior to Final Site Plan approval in connection with the Zoning By-law Amendment appeal for the properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West, the owner shall:

i.  provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 1.a.ii above to the satisfaction of the Senior Manager, Heritage Preservation Services;

ii.  provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii.  provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

iv.  provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services; and

v.  submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services;

c.  prior to the issuance of any permit for all or any part of the properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

i.  obtain final approval for the necessary by-law amendments required for the alterations to the properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West, such amendments to have been approved in an LPAT Order and to have come into effect in a form and with content acceptable to City Council as determined by the Director, Urban Design, City Planning, in consultation with the Senior Manager, Heritage Preservation Services;

ii.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.ii. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

iii.  provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan; and

iv.  provide full documentation of the existing heritage properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West, including two (2) printed sets of archival quality 8 inch by 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

d.  prior to the release of the Letter of Credit required in Part 1.c.iii. above the owner shall:

i.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

ii.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council state its intention to designate the property at 120 Peter Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 120 Peter Street (Reasons for Designation) in Attachment 5 to the report (June 29, 2018) from the Director, Urban Design, City Planning.

3.  If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

4.  If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5.  If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

6.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West for the properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West in a form and with content satisfactory to the City Solicitor and the Director, Urban Design, City Planning.

7.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the properties at 120 Peter Street, 122 - 124 Peter Street and 357 - 359 Richmond Street West.

Confidential Appendices A, B, C, D, E and F to the report (July 6, 2018) 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 6, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.