Item - 2021.CC35.12

City Council on July 14, 15 and 16, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 2, 2021) from the City Solicitor.

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

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 2, 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 (July 2, 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 and B  (the “Settlement Offer”) to the report (June 25, 2021) from the City Solicitor and subject to Parts 3, 4, 5, 6, 7, 10 and 11 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) hearing on this matter in support of the Settlement Offer for the lands municipally known as 78-90 Queen's Park (the “Site”).

3.  Should the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Ontario Land Tribunal (formerly 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;

b.  the owner has entered into a Heritage Easement Agreement(s) with the City for the properties at 80 and 84 Queen's Park, substantially in accordance with plans and drawings as set out in Confidential Appendix B to the report (July 2, 2021) from the City Solicitor; and the Heritage Impact Assessment dated March 18, 2020 and Heritage Addendum, dated May 19, 2021 prepared by ERA Architects Inc., attached as Confidential Appendix C to the report (July 2, 2021) from the City Solicitor, (together being the "Revised Heritage Impact Assessment"), 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;

c.  the owner has provided a detailed Conservation Plan(s) prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment, on file with the Senior Manager, Heritage Planning, for 80 and 84 Queen's Park, all to the satisfaction of the Senior Manager, Heritage Planning;

d.  the owner, at its sole cost and expense, has submitted revised Functional Servicing, Hydrogeological and Geotechnical Reports, and any other related engineering reports, to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services and has agreed that the design and implementation of municipal infrastructure shall be at the University’s sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should the Chief Engineer and Executive Director, Engineering and Construction Services determine that improvements to such infrastructure are required to support this development; and

e.  the owner has submitted a revised pedestrian level wind study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures implemented through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council approve the alterations to the heritage properties at 80 and 84 Queen's Park in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the heritage properties on the lands known municipally as 80 and 84 Queen's Park with such alterations substantially in accordance with the Revised Heritage Impact Assessment, 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 related site specific Zoning By-law Amendment giving rise to the proposed alterations coming into full force and effect, and subject to the following additional conditions in Parts 5, 6, 7, 10 and 11 below.

5.  City Council direct that prior to final site plan approval for the Lands, or any part of the Lands at 78-90 Queen's Park, the owner shall:

a.  provide final site plan drawings substantially in accordance with the approved Conservation Plan(s) required in Part 3.c. above, to the satisfaction of the Senior Manager, Heritage Planning;

b.  provide a Heritage Lighting Plan that describes 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 and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Planning;

c.  provide an Interpretation Plan for the subject properties, 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

d.  provide a detailed Landscape Plan for the subject property satisfactory to 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 at 78-90 Queen's Park, 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.  have obtained final approval for the necessary Zoning By-law Amendment required for the Site, such Amendment to have come into full force and effect;

b.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan(s) 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;

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 Planning to secure all work included in the approved Conservation Plan(s), and approved Interpretation Plan; and

d.  provide full documentation of the existing heritage properties at 80 and 84 Queen's Park, 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 Planning.

7.  City Council direct that prior to the release of the Letter of Credit required in Part 6.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 and the required interpretive work has been completed in accordance with the Conservation Plan(s) and Interpretation Plan 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 City Solicitor to introduce the necessary Bill in City Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 80 and 84 Queen's Park.

9.  City Council authorize the entering into Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 78-90 Queen's Park for the properties at 80 and 84 Queen's Park, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

10.  City Council direct the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning to work with the applicant to address the following:

a.  to continue to consider further strategies for refining the new north west corner of Falconer Hall, to ensure the area of the new connection is minimized and the open space is maximized as reasonably possible;

b.  through the site plan approval process, consider the materiality and architectural details of development to ensure an appropriate interface with Falconer Hall, including, considering the potential for reduction and/or softening of the cantilever element as currently proposed and considering strategies to refine the massing to further reduce its visual prominence relative to Falconer Hall; and

c.  as one floor of the proposed development is reserved for use by the Royal Ontario Museum, if, prior to final site plan approval or an application for a building permit, under the Building Code Act, the space set aside for the Royal Ontario Museum is no longer required by the Royal Ontario Museum, the owner shall explore with City staff additional opportunities to further mitigate impacts to and further retention of Falconer Hall, including considering whether the 1908 addition or portions thereof can be retained.

11.  Should the requested alterations permitted pursuant to Part 4 above be reduced and more of the property at 84 Queen's Park is able to be retained as a result of the work directed pursuant to Part 10 above, City Council direct and authorize the City Solicitor to:

a.  introduce the necessary Bill in City Council authorizing the entering into the amending Heritage Easement Agreement(s) for the properties at 80 and 84 Queen's Park;

b.  enter into an amending Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 78-90 Queen's Park for the properties at 80 and 84 Queen's Park, in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; and

c.  require the owner to update any plans, drawings and reports, including the approved Conservation Plan satisfactory to the Senior Manager, Heritage Planner, to implement Part 10 above.

12.  City Council authorize and direct City Officials to take the necessary steps to implement City Council's decision.

Confidential Appendices A, B and C to the report (July 2, 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 (July 2, 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 (July 2, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.