Item - 2019.CC5.11

City Council on March 27 and 28, 2019, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 12, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in the Confidential Attachment 1, and Confidential Appendices A, B, C and D to the report (March 12, 2019) from the City Solicitor.

3.   City Council direct that the balance of Confidential Attachment 1 to the report (March 12, 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.

4.  Pursuant to 415-19(D) of the Toronto Municipal Code, City Council assume approval authority for any site plan application for 280-290 Jarvis Street and 189 - 193 Mutual Street with the Ward Councillor to be authorized to re-delegate approval of the site plan to the Chief Planner and Executive Director, City Planning, at the discretion of the Ward Councillor.

The confidential recommendations in Confidential Attachment 1 to the report (March 12, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council approve the alterations to the heritage property at 280 and 288-290 Jarvis Street and 189-193 Mutual Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a residential building incorporating the heritage buildings on the lands known municipally in the year 2019 as 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street, with such alterations substantially in accordance with plans and drawings dated February 28, 2019, prepared by Giannone Petricone Associates, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019, and 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 additional conditions:

a.  prior to any Local Planning Appeals Tribunal Order issuing in connection with the Official Plan Amendment and Zoning By-law Amendment appeal, the owner shall:

1.  enter into a Heritage Easement Agreement with the City for the property at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street in accordance with the plans and drawings dated February 28, 2019, prepared by Giannone Petricone Associates, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019, and in accordance with the Conservation Plan required in Part 1.a.2. below to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor;

2.  provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 280 and 288-290 Jarvis Street and 189-193 Mutual Street prepared by prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019 to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3.  enter into and register on the property at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, 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;

b.  prior to final Site Plan approval for the proposed site specific Official Plan Amendment and Zoning By-law Amendment by City Council, for the property located at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street the owner shall:

1.  provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.a.2. above to the satisfaction of the Senior Manager, Heritage Preservation Services;

2.  have obtained final approval for the necessary Official Plan Amendment and Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3.  provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their 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;

4.  provide a detailed landscape plan for the subject properties, satisfactory to the Senior Manager, Heritage Preservation Services;

5.  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; and

6.  submit a Signage Plan for 280, and 288-290 Jarvis Street 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 280 and 288-290 Jarvis Street and 189-193 Mutual Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1.  have obtained final approval for the necessary site specific Official Plan Amendment and Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

2.  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.2. 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; and

3.  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, Lighting Plan, and Heritage Interpretation Plan; and

d.  prior to the release of the Letter of Credit required in Part 1.c.3. above, the owner shall:

1.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation 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

2.  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 properties at 280 and 288-290 Jarvis Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 280 and 288-290 Jarvis Street (Reasons for Designation) attached as Confidential Appendix C to the report (March 12, 2019) from the City Solicitor.

3.  If there are no objections to the designations 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 City 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 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

7.  City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into a heritage easement agreement for the property at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street.

Confidential Appendices A, B, C and D to the report (March 12, 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 (March 12, 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 (March 12, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.