Item - 2024.CC23.8

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 Josh Matlow.

2. 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 (October 31, 2024) from the City Solicitor.

3. Council direct that the confidential instructions to staff in the Confidential Attachment to Motion 1 by Councillor Josh Matlow remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

4. 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.

5. City Council request the City Solicitor and the Executive Director, Development Review to secure a minimum of 6 retail units at grade along the Yonge Street frontage to ensure that the fine-grained retail of the “Davisville Village” is maintained.  

6. City Council request the City Solicitor and the Executive Director, Development Review to work with the applicant on securing a right to return for existing businesses at the subject property.

November 26, 2024

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 Josh Matlow, were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor’s discretion to make the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Josh Matlow public, as follows:

1. City Council refuse the without prejudice offer to settle dated October 30, 2024, set out in Confidential Appendix A to the report (October 31, 2024) from the City Solicitor (the “Settlement Offer”).

2. City Council authorize the City Solicitor to present a counter offer consistent with the Settlement Offer, but contingent on the applicant providing a minimum of 6 retail units at grade along the Yonge Street frontage in accordance with Part 5 above of City Council's decision.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law Amendment are satisfactory to the Executive Director, Development Review and the City Solicitor;

b. City Council has approved Rental Housing Demolition Application 23 201074 STE 12 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental housing, and the owner has entered into, and registered on title to the lands, an Agreement pursuant to Section 111 of the City of Toronto Act securing replacement of the existing rental dwelling units and all other rental housing related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

c. the owner has provided a revised Functional Servicing Report and a revised Stormwater Management Report, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined that improvements to such infrastructure are required to support this development; and

d. the Owner has provided a withdrawal letter respecting their appeal of By-law 595-2022 (Midtown Village Character Area) in Ontario Land Tribunal Case OLT-22-004174.

4. City Council approve that in accordance with Section 42 of the Planning Act prior to the issuance of the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 562 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

7. City Council approve:

a. the alterations to the heritage property at 2111 Yonge Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 26-storey tower with such alterations substantially in accordance with the plans and drawings dated October 2, 2024 prepared by Turner Fleischer and the Heritage Impact Assessment dated October 4, 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 2111 Yonge Street, in accordance with Section 34(1)1 of the Ontario Heritage Act in connection with the approval of a 26-storey tower on the subject lands substantially in accordance with the plans and drawings dated October 2, 2024 prepared by Turner Fleischer and the Heritage Impact Assessment dated October 4, 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.

8. City Council direct that it consents to the application to alter the designated property at 2111 Yonge 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 2111 Yonge 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 Official Plan and Zoning By-law Amendment appeal for the property at 2111 Yonge 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 October 4, 2024, for the property at 2111 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to issuance of any Ontario Land Tribunal order in connection with the Official Plan and Zoning By-law Amendment appeal for the property at 2111 Yonge Street, the owner shall enter into a Heritage Easement Agreement with the City for property at 2111 Yonge Street, substantially in accordance with the plans and drawings dated October 2, 2024 prepared by Turner Fleischer on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated October 4, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 8.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 2111 Yonge 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 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. 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 8.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. prior to the release of the Letter of Credit required in Part 8.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.

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

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 2111 Yonge Street.

10. 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).

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.