Item - 2024.CC22.12

City Council on October 9 and 10, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 30, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Chris Moise.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 30, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Chris Moise.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 30, 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 (September 30, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Chris Moise, were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer to settle dated August 7, 2024 set out in Public Attachment 1 to the report (September 30, 2024) from the City Solicitor (the "Settlement Offer").

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer and a revised proposal for the lands municipally known as 33 and 37 Maitland Street (the "Site") that is substantially in accordance with the revised plans attached as Schedule A to Public Attachment 1 to the report (September 30, 2024) from the City Solicitor, subject to the Parts below.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal has been advised by the City Solicitor that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment;

c. the Owner has submitted a revised Transportation Impact Study or addendum, including streetscape and curb extension provisions and resolved matters related to access, road widenings, lane widenings and conveyances acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required; the Transportation Impact Study or addendum will further include a parking study to the satisfaction of the General Manager, Transportation Services;

d. the Owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process;

e. the Owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process;

f. the Owner has provided confirmation that no new construction will be undertaken within 3 metres of existing Toronto Transit Commission infrastructure;

g. the Owner 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 prepared by ERA Architects Inc., dated August 27, 2024, and revised August 27, 2024, for the properties at 33 Maitland Street and 37 Maitland Street, to the satisfaction of the Senior Manager, Heritage Planning;

h. the Owner has entered into a Heritage Easement Agreement with the City for properties at 33 Maitland Street and 37 Maitland Street, substantially in accordance with the plans and drawings prepared by BDP Quadrangle, dated July 26, 2024, on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated July 26, 2024, and revised August 27, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

i. City Council has approved the Rental Housing Demolition Application 21 223798 NNY 16 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the thirty-six (36) existing rental dwelling units on the Site, and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including:

1. replacement of the existing rental housing units, including the same number of units, bedroom type and size and with similar rents; and

2. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

j. the Owner has entered into an agreement pursuant to subsection 37(7.1) of the Planning Act to secure the provision of an in-kind contribution, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4.  City Council approve:

a.  the alterations to the heritage properties at 33 Maitland Street and 37 Maitland Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed use building with such alterations substantially in accordance with the plans and drawings prepared by BDP Quadrangle, dated July 26, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated July 26, 2024, and revised August 27, 2024, 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 in Part 5 below; and

b.  the demolition of the heritage attributes of the existing buildings on the heritage properties at 33 Maitland Street and 37 Maitland 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 prepared by BDP Quadrangle, dated July 26, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated July 26, 2024, and revised August 27, 2024, 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 in Part 5 below.

5. City Council consent to the application to alter the heritage properties at 33 Maitland Street and 37 Maitland Street under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of attributes on the heritage properties at 33 Maitland Street and 37 Maitland 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 final order in connection with the Zoning By-law Amendment appeal for the heritage properties at 33 Maitland Street and 37 Maitland 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 Inc., dated August 27, 2024, and revised August 27, 2024, for the properties at 33 Maitland Street and 37 Maitland Street, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to issuance of any Ontario Land Tribunal final order in connection with the Zoning By-law Amendment appeal for the properties at 33 Maitland Street and 37 Maitland Street, the owner shall enter into a Heritage Easement Agreement with the City for properties at 33 Maitland Street and 37 Maitland Street, substantially in accordance with the plans and drawings prepared by BDP Quadrangle, dated July 26, 2024, on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated July 26, 2024, and revised August 27, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan, 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 for the properties at 33 Maitland Street and 37 Maitland 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 buildings 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 properties will be sensitively illuminated to enhance their 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;

2. 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;

3. submit a Landscape 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 Plan, 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 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 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.

6. City Council request the Senior Manager, Heritage Planning, to consider the following when reviewing the Conservation Plan:

a. heritage roofing materials (such as terra cotta or Spanish tile as per original architectural drawings) based on archival data are utilized for the restoration of both buildings;

b. the historical window and door design be utilized on both buildings, reflective of their period of construction; and

c. feasibility of placing the emergency stairwell exit at the base of the building at 33 Maitland Street on the side of the building to limit the number of new or enlarged openings on the heritage facade building.

7. City Council direct the appropriate City staff to report back to City Council, prior to consideration of the Rental Housing Demolition Application, with respect to valuation and acceptance of facilities, services or matters as an on-site in-kind contribution, being affordable housing, pursuant to subsection 37(6) of the Planning Act;

8. City Council authorize the Chief Planner and Executive Director, City Planning to enter into agreements pursuant to subsection 37(7.1) of the Planning Act to address the provision of the in-kind contributions identified in Part 7 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreements to be registered on title to the Site, which shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

9.  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 33 Maitland Street and 37 Maitland Street.

10.  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 (September 30, 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 (September 30, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.