Item - 2024.CC19.8

City Council on June 26 and 27, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 14, 2024) from the City Solicitor.
 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (May 14, 2024) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 14, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

July 2, 2024

The confidential instructions to staff in Confidential Attachment 1 to the report (May 14, 2024) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1. City Council approve:

a. the alterations of the designated property at 778 King Street West in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed use building substantially in accordance with plans and drawings prepared by Architects Alliance, dated May 8, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated April 25, 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; and

b. the removal of heritage attributes of the designated property at 778 King Street West in accordance with Section 34(1)1 of the Ontario Heritage Act to allow for the construction of a new mixed use building substantially in accordance with plans and drawings prepared by Architects Alliance, dated May 8, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated April 25, 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 direct that its consent to the application to alter the designated property at 778 King Street West under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of heritage attributes of the designated heritage property at 778 King Street West, under Part IV, Section 34(1) 1 of the Ontario Heritage Act are also subject to the following conditions:

a. that the related Zoning By-law Amendment permitting the proposed alterations and demolition of heritage attributes has come into full force and effect;

b. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 778-778 King Street West, the owner shall 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 prepared by ERA Architects Inc., dated April 25, 2024, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 778-778 King Street West, the owner shall enter into a Heritage Easement Agreement with the City for the property at 778 King Street West, substantially in accordance with the plans and drawings prepared by Architects Alliance dated May 8, 2024 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated April 25, 2024, subject to and in accordance with the Conservation Plan required in Part 2.b. above to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

d. prior to the issuance of any permit for all or any part of the property at 778 King Street West, 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 of the subject property shall:

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

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

3. 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;

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

5. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.b. 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

6. 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 plans.

e. that prior to the release of the Letter of Credit required in Part 2.d.6 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 reconstruction work has been completed in accordance with the Conservation and Interpretation Plans 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 City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 778 King Street West.

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

Confidential Appendix A to the report (May 14, 2024) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (May 14, 2024) from the City Solicitor remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 14, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.