Item - 2024.CC16.19

City Council on March 20 and 21, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor.

2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor, as amended by motion 1a by Councillor Chris Moise.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor.

4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor, as amended by motion 1a by Councillor Chris Moise.

5. City Council direct that the balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

6. City Council direct that the balance of Confidential Attachment 1 to the report (January 31, 2024) 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 (March 4, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the Settlement Offer as set out in Public Attachment 1 to the report (March 4, 2024) 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 on the Zoning By-law Amendment appeal until such time as the Tribunal has been advised by the City Solicitor that:

a. the draft Zoning By-law Amendments implementing the Settlement Offer are finalized in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the applicant 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;

c. should it be determined that upgrades to municipal infrastructure are required through the review of updated Functional Servicing and Stormwater Management Report, the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of such works, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning by-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e.  the applicant has provided 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 175-185 King Street East, prepared by ERA Architects Inc., dated August 10, 2022, revised August 10, 2023, with an addendum dated January 16, 2024, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

f. the applicant has entered into and registered on title to the property a Heritage Easement Agreement with the City for the property at 175-185 King Street East substantially in accordance with the plans and drawings dated January 10, 2024; and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated August 10, 2022, revised August 10, 2023, with an addendum dated January 16, 2024, subject to and in accordance with the Conservation Plan required in Part 2.e above, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

g. the owner has submitted an application and gained approval in writing under Section 33 of the Ontario Heritage Act for the proposed alterations to the heritage properties at 175-185 King Street East.

3. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore the feasibility of providing an in-kind community benefit pursuant to section 37(6) of the Planning Act, and to report back to City Council for further instruction if the applicant offers such an in-kind community benefit.

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

The confidential instructions to staff in Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor, as amended by motion 1a by Councillor Chris Moise, were adopted by City Council and are now public as follows:

1. City Council approve alteration of contributing properties and the erection of a new building on the designated heritage property at 175, 179, 181, 183 and 185 King Street East (including the entrance addresses at 58, 60, 62, 62A, 64, 66 and 68 George Street) located in the St. Lawrence Heritage Conservation District in accordance with Section 42 of the Ontario Heritage Act to allow for the construction of a new mixed use building in conjunction with an appeal to the Ontario Land Tribunal, comprised of the plans and drawings prepared by IBI Group Architects (Canada) Inc./Arcadis, dated January 10, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 10, 2022, revised August 10, 2023, with an addendum dated January 16, 2024, 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 instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment appeal until such time as the Tribunal has been advised by the City Solicitor that:

a. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment and Site Plan appeals for the property at 175-185 King Street East, the owner shall:

1. 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 175-185 King Street East, prepared by ERA Architects Inc., dated August 10, 2022, revised August 10, 2023, with an addendum dated January 16, 2024, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. enter into and register on title to the property a Heritage Easement Agreement with the City for the property at 175-185 King Street East substantially in accordance with the plans and drawings dated January 10, 2024; and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated August 10, 2022, revised August 10, 2023, with an addendum dated January 16, 2024, subject to and in accordance with the Conservation Plan required in Part 2.a.1. above, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor.

b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 175-185 King Street East, the owner has:

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

ii. provided 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;

iii. provided 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

iv. submitted 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 175-185 King Street East, 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:

i. obtain final approval for the necessary by-law amendments required for the alterations to the property at 175-185 King Street East, 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;

ii. 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.i 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;

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 Planning, to secure all work included in the approved Conservation Plan and Interpretation Plan; and

iv. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8 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 Planning.

d. prior to the release of the Letter of Credit required in Part 2.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, 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 Planning.

3. 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 (January 31, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor, remain confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.

The balance of Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor and the balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.