Item - 2019.CC7.9

City Council on May 14 and 15, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the Settlement Offer dated April 16, 2019 and direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in opposition to the revised proposed development.

2.  City Council direct City staff to continue discussions with the applicant and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a further revised proposal, subject to the resolution of the outstanding issues identified in Item 2018.TE34.42, the June 25, 2018 report from the Acting Director, Community Planning, Toronto and East York District.

3.  City Council require:

a.  an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, in the location and configuration described and set out in the report (June 25, 2018) from the Acting Director, Community Planning, Toronto and East York District, to the satisfaction the General Manager, Parks, Forestry and Recreation;

b.  the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and

c.  the owner to enter into an agreement with the City, pursuant to Section 37 of the Planning Act, to secure services, facilities or matters as may be required to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.

4.  If the appeal is approved the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City;

b.  the owner has entered into one or more agreements with the City, pursuant to Section 37 of the Planning Act, to secure, at the owner's expense, facilities, services and matters to be additionally set forth in the related site specific Zoning By-law Amendments, and any agreement is registered on the lands at 183-189 Avenue Road and 109-111 Pears Avenue all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.  the owner provides any necessary modifications to the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner submits a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning and that any mitigation measures be secured in the Section 37 Agreement; and

e.  the owner obtains any necessary approvals under section 42 of the Ontario Heritage Act to alter the building located at 183 Avenue Road.

5.  If the property at 183 Avenue Road is designated under Part IV of the Ontario Heritage Act following consultation with the Toronto Preservation Board and approval by City Council, if the appeal is approved by the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as the owner has:

a.  entered into a Heritage Easement Agreement with the City for the property at 183 Avenue Road substantially in accordance with plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 8, 2018 subject to and in accordance with the approved Conservation Plan required in Part 5.b. below all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor, following consultation with the Toronto Preservation Board and authorized by City Council; and

b.  provided 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 for 183 Avenue Road prepared by ERA Architects Inc. dated March 8, 2018 and the architectural plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services.

6. City Council direct that prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the properties at 183-189 Avenue Road, the owner shall:

a.  provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 5.b. above to the satisfaction of the Senior Manager, Heritage Preservation Services;

b.  provide an Interpretation Plan for the property 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; and

c.  provide a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services.

7.  City Council direct that prior to the issuance of any permit for all or any part of the properties at 183-189 Avenue Road, including a heritage permit, a building permit or a demolition 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:

a.  obtain final approval for the necessary by-law amendments required for the alterations to the properties at 183-189 Avenue Road, such amendments to have been enacted by City Council in connection with an Local Planning Appeal Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Director, Urban Design, City Planning, in consultation with the Senior Manager, Heritage Preservation Services;

b.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 5.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 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, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan.

8.  City Council direct that prior to the release of the Letter of Credit required in Part 7.c. above, the owner shall:

a.  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 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

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

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

The balance of Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.