Item - 2024.PB14.3

The Toronto Preservation Board recommends that:

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to the report (January 31, 2024) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

Neil MacKay, Planner, Urban Design, Heritage Planning, City Planning gave a presentation on 179-185 King Street East - Alteration and Erection of a Building on a Property Designated under Part V of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement - Request for Directions.

On August 18, 2022, a Zoning By-law Amendment application for 179-185 King Street East was submitted to permit a 33-storey mixed-use building with 7,600 square metres of non-residential gross floor area and 190 dwelling units above.  Portions of the facades of the existing designated heritage buildings were proposed to be integrated into the development.

On March 24, 2023, the applicant appealed the application to the Ontario Land Tribunal due to Council's failure to make a decision within the time frame in the Planning Act.  Following the appeal, the applicant acquired 175 King Street East and submitted a revised Zoning By-law Amendment application on August 14, 2023.  The revised application for 175-185 King Street East was for a 35-storey mixed-use building with 500 square metres of non-residential gross floor area and 394 dwelling units above.

On January 20, 2024 the applicant submitted a with prejudice settlement offer (the "Settlement Offer") that included an application under Section 42 of the Ontario Heritage Act to alter the on-site heritage resources and erect a new structure within a designated Heritage Conservation District.

The City Solicitor requires further direction with respect to the heritage application and the upcoming Ontario Land Tribunal proceedings relating to the zoning and site plan appeals.