Item - 2019.CC5.12

City Council on March 27 and 28, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 20, 2019) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 20, 2019) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy.

3.  City Council direct that the balance of Confidential Attachment 1 the report (March 20, 2019) 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.  In the event the Local Planning Appeal Tribunal approves the appeals, in whole or in part, City Council approve the alterations to the heritage properties at 482 and 488 Wellington Street West, in accordance with Section 33 of the Ontario Heritage Act, subject to the following conditions:

a. prior to Final Site Plan approval in connection with the Zoning By-law Amendment appeal for the properties at 482 and 488 Wellington Street West, the owner shall:

i. provide final site plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

iii. 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;

iv. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character 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;

v. provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services; and

vi. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. prior to the issuance of any permit for all or any part of the properties at 482 and 488 Wellington Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

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

ii. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, 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 Preservation Services;

iii. 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, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan; and

iv. provide full documentation of the existing heritage properties at 482 and 488 Wellington Street West, 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 CD 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 Preservation Services; and

c. prior to the release of the Letter of Credit required in Part 4.b.iii. above, the owner shall:

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

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

5.  City Council state its intention to designate the property at 482 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 482 Wellington Street West (Reasons for Designation) attached as Attachment 4 to the report (March 22, 2019) from the Senior Manager, Heritage Preservation Services.

6.  City Council state its intention to designate the property at 488 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 488 Wellington Street West (Reasons for Designation) attached as Attachment 5 to the report (March 22, 2019) from the Senior Manager, Heritage Preservation Services.

7.  If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bill in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

8.  If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

9.  If 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 on the designation of the properties.

10.  City Council authorize the entering into of a Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 474 - 488 Wellington Street for the properties at 482 and 488 Wellington Street West in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

11.  City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 482 and 488 Wellington Street West.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 20, 2019) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy, were adopted by City Council and are now public, as follows:

1.  City Council direct City staff to continue negotiations with the applicants in advance of the hearing to achieve a reduction in the overall height of the revised proposal to a height of 45 metres, excluding mechanical; in the event the height is reduced to 45 metres in advance of the hearing, City Council direct the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing on May 13, 2019 generally in support of the Revised, Consolidated Proposal, subject to the further reduction in height and the Parts set out below, provided that the Owner shall have obtained, in consultation with the Toronto Preservation Board, City Council approval for the required alterations to the heritage properties at 482 and 488 Wellington Street West pursuant to Section 33 of the Ontario Heritage Act.

2.  In the event the current height of the proposal is not reduced in advance of the hearing, City Council direct the City Solicitor and outside consultants as required, to attend at the Local Planning Appeal Tribunal hearing on May 13, 2019 and oppose the applications on the basis that the current height is too tall for this location. 

3.  In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Zoning By-law Amendment appeals until such time as:

a.  the Local Planning Appeal Tribunal  has been advised by the City Solicitor that the Zoning By-law Amendments have been finalized in a form mutually satisfactory to the City Solicitor, Chief Planner and Executive Director, City Planning and the Owner, and have been provided to the Local Planning Appeal Tribunal;

b.  the Owner has submitted a Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Owner has entered into and registered a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the Owner has provided access, parking and loading facilities to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

e.  Heritage Easement Agreement(s) with the City for the properties at 482 and 488 Wellington Street West are registered to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor;

f.  the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services;

g.  the Owner has submitted a copy of the relevant assessment report(s) to City Planning's Heritage Preservation Services Unit in both hard copy format and as a PDF file on compact disk; and

h.  the Owner has entered into a Section 37 Agreement securing the matters set out in Part 4 below.

4.  Before the Local Planning Appeal Tribunal issues any Order approving a site-specific by-law for the lands, City Council require that the Owner shall enter into and register on the properties at 470-474 and 482-488 Wellington Street West 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 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 Amendments; the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  the Owner shall provide a financial contribution in the amount of $800,000.00 for above-base streetscape improvements on the north side of Wellington Street West between Spadina Avenue and Portland Street to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  the Owner shall provide a financial contribution in the amount of $100,000.00 for the maintenance of or the provision of new affordable housing in Ward 10;

iii.  the Owner shall provide a financial contribution in the amount of $100,000.00 toward the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10;

iv.  the Owner shall provide a financial contribution in the amount of $200,000.00 toward the development of a streetscape design for the north side of Wellington Street West between Spadina Avenue and Portland Street;

v.  in the event the financial contributions referred to in Parts 4.i., ii., iii. and iv. above have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

vi.  the $1,200,000.00 financial contribution referred to in Parts 4.i., ii., iii. and iv. above is to be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all financial contributions will be payable prior to issuance of the first above-grade building permit;

vii.  the Owner shall covenant that not less than 21,000 square metres of the floor space at its site shall always remain zoned and constructed for office use, with such area of office space being attributed toward the required office replacement for the subject applications and for the related owner's development application proposed for 504 Wellington Street West;

viii.  the Owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development; construction of such improvements shall be completed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, prior to issuance of the final building permit;

ix.  the Owner shall implement any wind mitigation measures required as identified by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning, to be submitted as part of an application for Site Plan Approval;

x.  materials for the new building will be secured through Site Plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning;

xi.  in the event the Owner connects to the Enwave District Heating and Cooling System, or another similar energy system, the height of the mechanical penthouse will be reduced, with the objective of eliminating any visual impact from the mechanical penthouse, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xii.  prior to Site Plan Approval, the Owner will submit a construction management plan for the development at 470-488 Wellington Street West, to address such matters as wind, noise, dust, street closures, parking and laneway uses, and access, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, and agree to implement the plan; and

xiii. securing the preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan required pursuant to Part 3 f. above and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Preservation Services.

5.  City Council require that the Owner shall withdraw its appeal(s) of the King-Spadina Heritage Conservation District Plan and Official Plan Amendment 352, with respect to 470-488 Wellington Street West upon the Local Planning Appeal Tribunal Order allowing the appeal of the Zoning By-law Amendments in part, bringing such By-laws into force.

6.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 the report (March 20, 2019) 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 the report (March 20, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.