Item - 2023.CC8.22

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 5, 2023) 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 and B to the report (July 5, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 5, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A  to the report (July 5, 2023) from the City Solicitor and support a revised proposal that is substantially in accordance with Confidential Appendix B (the "Settlement Offer") to the report (July 5, 2023) from the City Solicitor, subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 383 and 387 Sherbourne Street.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal having been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, which shall include, but not be limited to, the following provisions:

i. an overall maximum height of 39-storeys including mechanical penthouse, measured from established grade;

ii. a minimum 3-metre stepback from the heritage facades at 383 and 387 Sherbourne Street to ensure an appropriate reveal of the heritage resources on the site;

iii. a minimum setback of 10 metres from the southern property line to ensure compatibility with the adjacent site;

iv. a minimum of 15 per cent of the total number of units as 2-bedroom units; a minimum of 10 per cent of the total number of units as 3-bedroom units; and an additional 15 per cent of the total number of units will be a combination of 2-bedroom and 3-bedroom units, or units that can be converted to 2 and 3 bedroom units through the use of accessible or adaptable design measures; and

v. amenity space at a minimum of 4.0 square metres per unit, as a combination of indoor and outdoor amenity space.

b. the Owner has revised Rental Housing Demolition application number 21 189637 STE 13 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to include the residential rental units at 387 Sherbourne Street, and that City Council has approved same to demolish 76 units and secure both tenant relocation and assistance, and rental replacement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the Owner has entered into, and registered on title to the lands, a Section 111 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, securing rental housing related-matters referred to the Part 3.b. above;

d. the Owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment;

e. the Owner has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required;

f. the Owner has provided an updated pedestrian level wind study based on wind tunnel analysis and an Toronto Green Standard template and statistics, to the satisfaction of the Chief Planner & Executive Director, City Planning;

g. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

h. City Council has approved alterations under Part V of the Ontario Heritage Act respecting 383 and 387 Sherbourne Street.

4. City Council request the Chief Planner and Executive Director, City Planning to secure through Site Plan Control, the Owner's obligation to:

a. construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for the development;

b. prior to commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services; and

c.prior to Site Plan Approval, prepare all documents and convey an easement to the City to secure access over the northern private laneway, and the eastern, rear laneway, together with rights of support, such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor), and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; the owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the lands to be conveyed to the City for corner rounding purposes as, the remainder of the site, and any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office.

5. City Council consent to the application to alter the designated properties at 383 and 387 Sherbourne Street, with conditions, under Part V, Section 42 of the Ontario Heritage Act for the reasons stated in this Report from the City Solicitor and with such alterations substantially in accordance with the plans and drawings dated May 12, 2023, prepared by Arcadis Architects, the Heritage Impact Assessment prepared by ERA Architects Inc., dated May 15, 2023, all on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, and all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

6. City Council direct that the application to alter the designated properties at 383 and 387 Sherbourne Street under Part V, Section 42 of the Ontario Heritage Act be subject to the following conditions:

a. that prior to any Ontario Land Tribunal Final Order issued in connection with the Zoning By-law Amendment appeal, the Owner shall:

i. 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 383 and 387 Sherbourne Street prepared by ERA Architects Inc., dated May 15, 2023, to the satisfaction of the Senior Manager, Heritage Planning;
 

b. that prior to final Site Pan approval for the subject lands the Owner shall:

i. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Planning;

ii. 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;

iii. provide a detailed landscape plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning; and

iv. 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. that prior to the issuance of any permit for all or any part of the properties at 383 and 387 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:

i. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, 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

ii. 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 6.c.ii. 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 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 direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

 4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 30, 2023) from the City Solicitor. 

5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (June 30, 2023) from the City Solicitor. 

6. City Council direct that the balance of Confidential Attachment 1 to the report (June 30, 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 30, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council consent to the application to alter the designated properties at 383 and 387 Sherbourne Street, with conditions, under Part V, Section 42 of the Ontario Heritage Act for the reasons stated in this Report from the City Solicitor and with such alterations substantially in accordance with the plans and drawings dated May 12, 2023, prepared by Arcadis Architects, the Heritage Impact Assessment prepared by ERA Architects Inc., dated May 15, 2023, all on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, and all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council direct that it consents to the application to alter the designated properties at 383 and 387 Sherbourne Street under Part V, Section 42 of the Ontario Heritage Act subject to the following conditions:

a. that prior to any Ontario Land Tribunal Final Order issued in connection with the Zoning By-law Amendment appeal, 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 for 383 and 387 Sherbourne Street prepared by ERA Architects Inc., dated May 15, 2023, to the satisfaction of the Senior Manager, Heritage Planning.

b. that prior to final Site Pan approval for the subject lands 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;

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. that prior to the issuance of any permit for all or any part of the properties at 383 and 387 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. 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.

2. 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.2. 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 "7A" to exclude the development located at 383 and 387 Sherbourne Street. 

8. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

Confidential Appendices A and B to the report (July 5, 2023) 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 5, 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 5, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Appendices A, B and C to the report (June 30, 2023) 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 (June 30, 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 30, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.