Item - 2024.CC21.2

City Council on September 5, 2024, adopted the following:

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

3. City Council direct that the balance of Confidential Attachment 1 to the report (August 14, 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 (August 14, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council approve:

a. the alterations to the heritage property at 80-86 Lynn Williams Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 44-storey tower with such alterations substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 and the Heritage Impact Assessment dated July 26, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; and

b. the demolition of the heritage attributes of the existing building on the designated heritage property at 80-86 Lynn Williams Street, in accordance with Section 34(1)1 of the Ontario Heritage Act in connection with the approval of a 44-storey tower on the subject lands substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 and the Heritage Impact Assessment dated July 26, 2024 prepared by ERA Architects, both on file with the Senior Manager, Heritage Planning, all subject to, and in accordance with, the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below.

2. City Council direct that it consents to the application to alter the designated property at 80-86 Lynn Williams Street under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of attributes on the designated heritage property at 80-86 Lynn Williams Street 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 requiring the proposed alterations and proposed removal of the heritage attribute(s) has come into full force and effect;

b. prior to issuance of any Ontario Land Tribunal Order in connection with the Zoning By-law Amendment appeal for the property at 70-86 Lynn Williams Street, 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 dated July 26, 2024, for the property at 80-86 Lynn Williams Street, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the entire property at 70-86 Lynn Williams Street, the owner shall enter into a Heritage Easement Agreement with the City for the property at 80-86 Lynn Williams Street, substantially in accordance with the plans and drawings dated July 30, 2024 prepared by gh3 on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated July 26, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved 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 80-86 Lynn Williams 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 a Heritage Lighting Plan that describes how the exterior of 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 a plan 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 and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning;

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

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

5. 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.

e. that prior to the release of the Letter of Credit required in Part 2.d.5. 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 approved 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 City Council authorizing the entering into of a Heritage Easement Agreement for the property at 80-86 Lynn Williams Street.

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 (August 14, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (August 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 contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.