Item - 2023.MM10.1

City Council on September 6, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 26, 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 (May 26, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 26, 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 (May 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. The alterations to the designated heritage property at 906 Yonge Street (including the entrance address at 908 Yonge Street) be approved in accordance with Section 33 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, comprised of the plans and drawings prepared by IBI Group, and dated May 1, 2023, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated April 28, 2023, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below.

2. City Council direct that its consent to the application to alter the designated property at 906 Yonge Street (including the entrance address at 908 Yonge Street) under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions:

a. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment and Draft Plan of Subdivision appeals for the property at 906 Yonge Street (including the entrance address at 908 Yonge Street), the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 906 Yonge Street (including the entrance address at 908 Yonge Street), substantially in accordance with plans and drawings prepared by IBI Group, and dated May 1, 2023, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated April 28, 2023, subject to and in accordance with the approved Plan required in Part 2.a.2 below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

2. 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 906 Yonge Street (including the entrance address at 908 Yonge Street), prepared by ERA Architects Inc., dated April 28, 2023, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 906 Yonge Street (including the entrance address at 908 Yonge Street), the owner shall:

1. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 2.a.2 above to the satisfaction of the Senior Manager, Heritage Planning;

2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3. 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 Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

4. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance of any permit for all or any part of the property at 906 Yonge Street (including the entrance address at 908 Yonge Street), 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 Planning, the owner shall:

1. obtain final approval for the necessary by-law amendments required for the alterations to the property at 906 Yonge Street (including the entrance address at 908 Yonge 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, 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.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 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 and Interpretation Plan;

d. 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, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, 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; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 906 Yonge Street (including the entrance address at 908 Yonge Street) in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 906 Yonge Street (including the entrance address at 908 Yonge Street).

5. 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 (May 26, 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 (May 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.