Item - 2023.CC8.13

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 2023) 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 4, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 4, 2023) 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 4, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle dated June 23, 2023 set out in Attachment 1 to the report (July 4, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Final Order until the City Solicitor has advised that:

a. the final form and content of Zoning By-law Amendment and the Official Plan Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Ontario Land Tribunal has been advised by the City Solicitor that the Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and Groundwater Report have been completed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has entered into the appropriate agreement(s) with the City for the design, construction and financial securities for any improvements to the municipal infrastructure, in connection with a Functional Servicing Report as accepted by the City's Chief Engineer and Executive Director, Engineering and Construction Services should such Director determine that improvements to such infrastructure are required, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has submitted a complete re-submission with revised plans and payment of appropriate fees for the expanded development site, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

e. the Owner has received a heritage permit for 300 Sherbourne Street pursuant to Section 42 of the Ontario Heritage Act, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 27, 2023) from the City Solicitor. 

5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 27, 2023) from the City Solicitor. 

6. City Council direct that the balance of Confidential Attachment 1 to the report (June 27, 2023) 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 (June 27, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council approve the application to erect a building on the designated properties at 294-298 Sherbourne Street and the application to alter the designated property at 300 Sherbourne Street, all in accordance with Section 42 of the Ontario Heritage Act for the construction of a new mixed use building that includes two towers, in conjunction with an appeal to the Ontario Land Tribunal, and with such alterations substantially in accordance with the plans and drawings dated June 21, 2023, prepared by Superkul, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated June 23, 2023, all on file with the Senior Manager, Heritage Planning, and all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to the conditions as set out below.

2. City Council direct that its consent to the application to alter the designated property at 300 Sherbourne Street under Part IV, Section 42 of the Ontario Heritage Act is also subject to the following conditions:

a. prior to the issuance of an Ontario Land Tribunal Final Order in connection with the Official Plan Amendment and Zoning By-law Amendment appeals for 294-300 Sherbourne Street, the Owner shall:

1. 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 prepared by ERA Architects Inc., dated June 23, 2023, to the satisfaction of the Senior Manager, Heritage Planning.

b. prior to final Site Pan approval in connection with the Official Plan Amendment and Zoning By-law Amendment for the properties at 294-300 Sherbourne, the Owner shall:

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

2. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3. provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning; and

4. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

c. prior to the issuance of any permit for all or any part of the properties at 294- 300 Sherbourne 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 Planning, the Owner shall:

1. obtain final approval for the necessary by-law amendments required for the alterations to the properties at 294-300 Sherbourne Street, such amendments to have been enacted by City Council in connection with an Ontario Land Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Chief Planner and Executive Director, City Planning in consultation with the Senior Manager, Heritage Planning;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.1. 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 Planning; 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 Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

d. that prior to the release of the Letter of Credit required in Part 2.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, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

7. City Council request the General Manager, Transportation Services, to review and report back to the Toronto and East York Community Council on the realignment of Permit Parking Area "6G" to exclude the development located at 294-300 Sherbourne Street. 

8. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (July 4, 2023) 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 4, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the report (June 27, 2023) 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 (June 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.