Item - 2024.CC17.6

City Council on April 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 13, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 13, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 13, 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 13, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council approve alteration of the designated heritage property at 4888 Dundas Street West in accordance with Section 33 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 Graziani and Corazza Architects, dated March 8, 2024, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated March 8, 2024, 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:

a. prior to issuance of an Ontario Land Tribunal order in connection with the Official Plan and Zoning By-law Amendment appeals for the property at 4888 Dundas Street West, 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 4888 Dundas Street West, prepared by Goldsmith Borgal & Company Ltd. Architects, dated March 8, 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 a Heritage Easement Agreement with the City for the property at 4888 Dundas Street West in accordance with the plans and drawings dated March 8, 2024 prepared by Graziani and Corazza Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated March 8, 2024, and in accordance with the Conservation Plan required in Part 1.a.1 above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration 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 4888 Dundas Street West, the owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.a.1. 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 4888 Dundas Street West, 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 4888 Dundas Street West, 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 the City Solicitor and 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 1.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 and the City Solicitor, 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 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 Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 4888 Dundas Street West, in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 4888 Dundas Street West.

4. 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 (March 13, 2024) 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 13, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.