Item - 2025.CC26.2

City Council on February 5, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 16, 2025) 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 (January 16, 2025) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 16, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

February 11, 2025

The confidential instructions to staff in Confidential Attachment 1 to the report (January 16, 2025) from the City Solicitor were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, as follows:

1. City Council approve:

a. the alterations to the heritage property at 86 Lombard 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 WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, as revised November 29, 2024, all on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning and subject to conditions as set out below; and

b. the removal of the existing former Morgue Building on the heritage property at 86 Lombard Street to be relocated to the property municipally known as 100 (and 108) Lombard Street, in accordance with subsection 34(1)2 of the Ontario Heritage Act in connection with the approval of a new mixed use building substantially in accordance with the plans and drawings prepared by WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, as revised November 29, 2024, all on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning and subject to conditions as set out below.

2. City Council direct that it consents to the application to alter the heritage property at 86 Lombard Street under Part IV, Section 33 of the Ontario Heritage Act and its consent to the removal of the existing building on the heritage property at 86 Lombard Street to 100 (and 108) Lombard Street under Part IV, Subsection 34(1)2 of the Ontario Heritage Act are also subject to the following conditions:

a. that the related Zoning By-law Amendment permitting the proposed alterations and proposed removal has come into full force and effect;

b. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, the owner shall provide a detailed Conservation Plan (including a Relocation Strategy), 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 9, 2022, revised November 29, 2024, for the property at 86 Lombard Street, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

c. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, the owner shall enter into a Heritage Easement Agreement with the City for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, substantially in accordance with the plans and drawings prepared by WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, as revised November 29, 2024, subject to and in accordance with the Conservation Plan required in Part 2.b. above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, 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, Urban Design, City Planning, the owner of the subject property shall:

1. provide a Heritage Lighting Plan that describe 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, Urban Design, City Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

2.  provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

3.  provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning;

4. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

5. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan 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, Urban Design, City Planning;

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, Urban Design, City Planning, to secure all work included in the approved Conservation Plan and Interpretation plans; and

7. provide Building Documentation documenting the entire site, including all the existing buildings and additions;

e. that 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 reconstruction work has been completed in accordance with the Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

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

f. where the approved Conservation Plan required in Part 2.b. above, contemplates removal of existing buildings and/or structures on 100 Lombard Street or 108 Lombard Street before relocation of the former Morgue Building on 86 Lombard Street, Part 2.d. above, is deemed to authorize the Senior Manager, Heritage Planning, Urban Design, City Planning to consent to a partial permit being issued on 100 (and 108) Lombard Street, as required, to undertake preparatory work on 100 (and 108) Lombard Street, prior to the relocation of the former Morgue Building, as a whole building, without all matters under Part 2.d. above being satisfied, except for Part 2.d.7. above, and so long as said partial permit contains notes and specifications pertaining to any necessary protective measures for 86 Lombard Street, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East.

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 (January 16, 2025) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor’s discretion to make it public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (January 16, 2025) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 16, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.