Item - 2024.CC23.10

City Council on November 13 and 14, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, and Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 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.

4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 6, 2024) from the City Solicitor.

5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (November 6, 2024) from the City Solicitor.

6. City Council direct that the balance of Confidential Attachment 1 to the report (November 6, 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 (October 31, 2024) from the City Solicitor, as amended by Motion 1 by Councillor Dianne Saxe, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated October 31, 2024 set out in Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor and 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 Amendment implementing the Settlement Offer is finalized in a form satisfactory to the Executive Director, Development Review 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. the owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required;

d. the owner 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 owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services;

f. the owner has submitted an updated Pedestrian Level Wind Study (Computational Fluid Dynamics Study and signed Template A) demonstrating there are no uncomfortable or unsafe wind conditions, to the satisfaction of the Executive Director, Development Review, with any required wind mitigation measures to be secured in the final zoning by-law or through the Site Plan Application process;

g. the owner has entered into a Heritage Easement Agreement with the City for the property at 38 Walmer Road, substantially in accordance with the plans and drawings dated October 25, 2024, prepared by Hariri Pontarini Architects on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated October 29, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 2.h. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and

h. 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 dated October 29, 2024, for the property at 38 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning.

3. City Council request the General Manager, Transportation Services, to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 38 Walmer Road and 188 Lowther Avenue from Permit Parking.

4. City Council request the Executive Director, Development Review to consider securing through the site plan approval process a low-carbon energy strategy, as part of the site plan agreement, that includes at least the following items:

a. a highly energy-efficient building envelope;

b. no on-site combustion of fossil fuels in suites, including in appliances;

c. an air and/or ground source heat pump system as the exclusive or, if necessary, primary (> 85 percent) source of heating and cooling for the building;

d. at least 100 points for energy efficiency in Canada Mortgage and Housing Corporation’s MLI Select program;

e. ample electrical outlets for bicycle charging in the interior bicycle parking area;

f. accommodation for a future solar photovoltaic system;

g. fixtures and appliances that are efficient in their use of water and energy; 

h. reasonable efforts to achieve a carbon payback period of 10 years or less, measured on a per unit basis, including construction/demolition waste diversion from landfill of at least 75 percent;

i. motion sensor-controlled LED lighting in common areas;

j. an outdoor, publicly accessible source of drinking water; and

k. an outdoor seating area, to be accessible to the public within or adjacent to the public right-of-way, in consultation with Transportation Services.

5. City Council direct the Executive Director, Development Review, 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 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.

6. City Council request the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review, in consultation with relevant City Divisions (including Transportation Services, and Engineering and Construction Services) to take all practicable steps to close the western portion of Walmer Road in front of the development sites at 38 Walmer Road to provide additional pedestrian open space contiguous with Gwendolyn Macewen Parkette.

7. 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 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.

8. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit.

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit; and

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu.

9. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 6, 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 38 Walmer Road in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 25-storey tower with such alterations substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects and the Heritage Impact Assessment dated October 29, 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;

b. the demolition of the heritage attributes of the existing building on the designated heritage property at 38 Walmer Road, in accordance with Section 34(1)1 of the Ontario Heritage Act in connection with the approval of a 25-storey tower on the subject lands substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects and the Heritage Impact Assessment dated October 29, 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;

c. the demolition of two heritage buildings on the designated heritage property at 38 Walmer Road, in accordance with Section 34(1)2 of the Ontario Heritage Act in connection with the approval of a 25-storey tower on the subject lands substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects and the Heritage Impact Assessment dated October 29, 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 38 Walmer Road under Part IV, Section 33 of the Ontario Heritage Act; its consent to the demolition of attributes on the designated heritage property at 38 Walmer Road under Part IV, Section 34(1)1 of the Ontario Heritage Act, and its consent to the demolition of two heritage buildings on the designated heritage property at 38 Walmer Road, in accordance with Section 34(1)2 of the Ontario Heritage Act, 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 appeals for the property at 38 Walmer Road, 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 and dated October 29, 2024 for the property at 38 Walmer Road, 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 appeals for the property at 38 Walmer Road, the owner shall enter into a Heritage Easement Agreement with the City for property at 38 Walmer Road, substantially in accordance with the plans and drawings dated October 7, 2024 prepared by Hariri Pontarini Architects on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects, dated October 29, 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 for the property at 38 Walmer Road, 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 describe 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. provide a Signage 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;

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;

5. provide full documentation of the existing heritage buildings to be demolished, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a flash drive 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; 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 Plan; and

e.  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 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 38 Walmer Road.

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

Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

Confidential Appendices A and B to the report (November 6, 2024) from the City Solicitor are now public and can be accessed under Background Information (City Council).

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

The balance of Confidential Attachment 1 to the report (November 6, 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 (November 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.