Item - 2019.CC2.6

City Council on January 30 and 31, 2019, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices A,  B, C and D to the report (January 18, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council approve the alterations to the heritage properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the redevelopment of the site bounded generally by Yonge Street, St. Mary Street, St. Nicholas Street and Charles Street West, with such alterations substantially in accordance with plans and drawings dated January 17, 2019, prepared by Architects Alliance, date-stamped received by Heritage Preservation Services January 17, 2019 and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc. dated January 17, 2019, date-stamped received by Heritage Preservation Services January 17, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a.  prior to issuance of a Local Planning Appeal Tribunal (Case PL150634) Order in connection with the revised Zoning By-law Amendment appeal for the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street:

A.  By-law 353-2015 for 10 St. Mary Street shall be amended under Section 30.1 of the Ontario Heritage Act to add additional heritage attributes to the Statement of Significance;

B.  the properties at 710, 712, 714 and 716 Yonge Street shall be designated under Part IV, Section 29 of the Ontario Heritage Act;

C.  the owner shall enter into Heritage Easement Agreements with the City for the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street,  710, 712, 714, 716 and 718 Yonge Street in accordance with plans and drawings dated January 16, 2019, prepared by Architects Alliance, date-stamped received by Heritage Preservation Services January 17, 2019 and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the Conservation Plan required in Part 1.a.D. below to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

D.  the owner shall provide a detailed Conservation Plan prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street prepared by ERA Architects Inc. dated January 17, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

E.  the owner shall enter into and register on the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street,  710, 712, 714, 716 and 718 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning Division, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations;

b.  prior to Final Site Plan approval in connection with the Zoning By-law Amendment appeal for the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street, the owner shall:

A.  provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.a.D. above to the satisfaction of the Senior Manager, Heritage Preservation Services;

B.  have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, and such Amendment to have come into full force and effect;

C.  provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

D.  provide a Heritage Lighting Plan that describes how the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and afterwards shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

E.  provide a detailed Landscape Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

F.  submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

c.  prior to the issuance of any permit for all or any part of the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street, including a heritage permit or a building permit but excluding permits for repairs, maintenance and usual and minor works acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

A.  have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Amendment to have been enacted by City Council and to have come into full force and effect;

B.  provide building permit drawings for the specific phase of work for which the permit is being sought, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.D. above, including a description of materials and finishes to be prepared by the project architect and qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

C.  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 Preservation Services to secure all work included in the approved Conservation Plan and the Interpretation Plan; and

d.  prior to the release of the Letter of Credit required in Part 1.c.C. above, the owner shall:

A.  have obtained final site plan approval for the subject properties, issued by the Chief Planner and Executive Director, City Planning;

B.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work has been completed in accordance with the Conservation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

C.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council amend By-law 353-2015 under Part IV, of the Ontario Heritage Act to revise the Statement of Significance (Reasons for Designation) to include the interior lobby and vestibule as heritage attributes in accordance with the Statement of Significance: 10 St. Mary Street (Revised Reasons for Designation) attached as Appendix B to Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor.

3.  City Council state its intention to designate the property at 710 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 710 Yonge Street (Reasons for Designation) attached as Appendix C to Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor.

4.  City Council state its intention to designate the property at 712 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statements of Significance: 712 Yonge Street (Reasons for Designation) attached as Appendix C to Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor.

5.  City Council state its intention to designate the properties at 714 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statements of Significance: 714 Yonge Street (Reasons for Designation) attached as Appendix C to Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor.

6.  City Council state its intention to designate the property at 716 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 716 Yonge Street (Reasons for Designation) attached as Appendix C to Confidential Attachment 1 to the report (January 18, 2019) from the City Solicitor.

7.  If there are no objections to the amendment of the By-law and the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary Bills in Council.

8.  If there are objections to the amendment of the By-law and the designations in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the amendment of the By-law and the designations to the Conservation Review Board.

9.  If the amendment of the By-law and the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of City Council's decision.

10.  City Council authorize the entering into of Heritage Easement Agreements under Section 37 of the Ontario Heritage Act with the owner of the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

11.  City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of Heritage Easement Agreements for the properties at 10 St. Mary Street, 81 and 85 St. Nicholas Street and 710, 712, 714, 716 and 718 Yonge Street.

Confidential Appendices A, B, C and D to the report (January 18, 2019) 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 (January 18, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.