Item - 2021.CC36.3

City Council on October 1 and 4, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 19, 2021) from the City Solicitor, as amended by motion 1 by Councillor Kristyn Wong-Tam.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (August 19, 2021) from the City Solicitor, as amended by motion 1 by Councillor Kristyn Wong-Tam, and City Council direct that the balance of Confidential Attachment 1 to the report (August 19, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (August 19, 2021) from the City Solicitor were adopted by City Council, as amended by motion 1 by Councillor Kristyn Wong-Tam, and are now public as follows:

1.  City Council approve the alterations to the heritage property at 187 King Street East in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 17-storey mixed residential condominium building on the lands known municipally in the year 2021 as 187 King Street East and 65 George Street, with such alterations substantially in accordance with plans and drawings dated August 9, 2021 prepared by Core Architects Inc. and on file with the Senior Manager, Heritage Planning and attached as Public Appendix C to the report (August 19, 2021) from the City Solicitor; and the Revised Heritage Impact Assessment, prepared by ERA Architects, dated August 11, 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 Parts 2 and 3 below.

2.  City Council approve the request to demolish the heritage building on the designated heritage property at 65 George Street in accordance with Section 34 of the Ontario Heritage Act as proposed in Public Appendix B to the report (August 19, 2021) from the City Solicitor and substantially in accordance with the Revised Heritage Impact Assessment for the properties at 187 King Street East and 65 George Street prepared by ERA Architects Inc. dated August 11, 2021, subject to the following conditions:

a.  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:

i.  the owner has provided a detailed Conservation Plan for the property at 187 King Street East prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Revised Heritage Impact Assessment prepared by ERA Architects Inc. dated August 11, 2021, to the satisfaction of the Senior Manager, Heritage Planning;

ii.  the owner has provided a detailed Reconstruction and Commemoration Plan for the property at 65 George Street prepared by a qualified heritage consultant that is substantially in accordance with the strategy set out in the Revised Heritage Impact Assessment prepared by ERA Architects Inc. dated August 11, 2021, to the satisfaction of the Senior Manager, Heritage Planning;

iii.  the owner has entered into a Heritage Easement Agreement with the City for the property at 187 King Street East, substantially in accordance with plans and drawings prepared by prepared by Core Architects Inc. dated August 9, 2021, and the Revised Heritage Impact Assessment (HIA) prepared by ERA Architects Inc. dated August 11, 2021, subject to and in accordance with the approved Conservation Plan required in Part 2.a.i. above and the approved Reconstruction and Commemoration Plan required in Part 2.a.ii. above, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

iv. the owner has entered into and registered on the property at 187 King Street East and 65 George Street one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Senior Manager, Heritage Planning, with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed demolition and requiring a Letter of Credit to secure all work included in the approved Reconstruction and Commemoration Plan, including provision for upwards indexing, in a form and amount satisfactory to the Senior Manager, Heritage Planning, all to the satisfaction of the Senior Manager, Heritage Planning.

b.  prior to Final Site Plan approval for the Lands, or any part of the Lands, the owner shall:

i.  provide final site plan drawings, including drawings related to the approved Conservation Plan required in Part 2.a.i. above and the approved Reconstruction and Commemoration Plan required in Part 2.a.ii. above to the satisfaction of the Senior Manager, Heritage Planning;

ii.  provide an Interpretation Plan for the property at 187 King Street East to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

iii.  provide a Heritage Lighting Plan that describes how the building on the property at 187 King Street East 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 Planning;

c.  City Council direct that prior to the issuance of any permit for all, or any part of the Lands, including a heritage permit, demolition 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:

i.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.i. above and the approved Reconstruction and Commemoration Plan required in Part 2.a.ii. 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

ii.  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, Reconstruction and Commemoration Plan, Heritage Lighting Plan and Interpretation Plan; and

d.  City Council direct that prior to the release of the Letter of Credit required in Part 2.c.ii. above the owner shall:

i.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, reconstruction and commemoration, 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

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

3.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 187 King Street East in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

The balance of Confidential Attachment 1 to the report (August 19, 2021) 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.