Item - 2021.CC30.6

City Council on March 10, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in the Confidential Attachment 1 and Confidential Appendices A, B and C to the report (March 1, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 1, 2021) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the “without prejudice and confidential” settlement offer as described in Confidential Appendices A, B and C (the “Settlement Offer”) to the report (March 1, 2021) from the City Solicitor and subject to Parts 2 to 7 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 465-471 Richmond Street West and 38 Camden Street (the “Site”).

3.  Should the Local Planning Appeal Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of the final Order on the Zoning By-law Amendment appeal until such time as:

a.  the final form and content of the Zoning By-law Amendment are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Senior Manager, Heritage Planning;

b.  the owner has entered into a Heritage Easement Agreement, pursuant to Section 37 of the Ontario Heritage Act, with the City for the property at 38 Camden Street, substantially in accordance with plans and drawings prepared by prepared by Sweeny & Co. Architects dated January 12, 2021, and the Revised Heritage Impact Assessment prepared by ERA Architects Inc. dated January 20, 2021, subject to and in accordance with the approved Conservation Plan required in Part 3.c. below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor;

c.  the owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment for the Lands dated January 20, 2021, to the satisfaction of the Senior Manager, Heritage Planning;

d.  the owner has withdrawn their appeal(s) of:

i.  the request to demolish the designated heritage property at 38 Camden Street pursuant to Section 34 of the Ontario Heritage Act;

ii.  the King-Spadina Secondary Plan (Official Plan Amendment 486); and

ii.  the King-Spadina Heritage Conservation District Plan;

e.  the owner has, at its sole expense:

i.  submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and confirmation that the amending by-laws do not require any modifications to address the accepted Engineering Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

ii.  secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; and

iii.  submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required; and

f.  the owner has entered into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor with such Agreement to be registered on title to the lands at 465-471 Richmond Street West and 38 Camden Street in a manner satisfactory to the City Solicitor, to secure the following community benefits at the owner's expense, as follows:

i.  a cash contribution of five hundred thousand ($500,000.00) dollars, of which: a. four hundred thousand ($400,000.00) dollars towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in the local Ward; and b. one hundred thousand ($100,000.00) dollars towards local streetscape improvements and/or community service facilities, allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor,

ii.  the cash contributions referred to in Part 3.f.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

iii.  in the event the cash contributions referred to in Part 3.f.i. above have not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

4.  City Council approve the alterations to the heritage property at 38 Camden Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new mixed use building on the lands known municipally in the year 2020 as 465-471 Richmond Street West and 38 Camden Street, with such alterations substantially in accordance with plans and drawings dated January 12, 2021 prepared by Sweeny & Co. Architects, and on file with the Senior Manager, Heritage Planning and in Confidential Appendix B to the report (March 1, 2021) from the City Solicitor; and the Revised Heritage Impact Assessment, prepared by ERA Architects, dated January 20, 2021, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following additional conditions in Part 3.b., 3.c., and 3.d.i. above and in Parts  5, 6 and 7 below.

5.  City Council direct that prior to Final Site Plan approval for the Lands, or any part of the Lands, the owner shall:

a.  provide final site plan drawings, including drawings related to the approved Conservation Plan required in Part 3.c. above to the satisfaction of the Senior Manager, Heritage Planning;

b.  provide an Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

c.  provide a Heritage Lighting Plan that describes how the building on the subject heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

6.  City Council direct that prior to the issuance of any permit for all, or any part of the Lands, 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 Planning, the owner shall:

a.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 3.c. 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; and

b.  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 to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

7.  City Council direct prior to the release of the Letter of Credit required in Part 6.b. above, the owner shall:

a.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

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

8.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 38 Camden Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

9.  City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 38 Camden Street.

Confidential Appendices A, B and C to the report (March 1, 2021) 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 (March 1, 2021) 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 to the report (March 1, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.