Item - 2021.DM35.1

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

1.  City Council state its intention to designate the properties at 10 and 10A Dawes Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 10 and 10A Dawes Road (Reasons for Designation) in Public Appendix D to the report (April 28, 2021) from the City Solicitor.

2.  If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

3.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor.

4.  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 (April 28, 2021) from the City Solicitor, only at the discretion of the City Solicitor.

5.  City Council direct that the balance of Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor remain confidential, as it contains advice that is subject to litigation and solicitor-client privilege.

Confidential Attachment 1 and Confidential Appendices A, B and C to the report (April 28, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that is subject to litigation and solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (April 28, 2021) from the City Solicitor will be made public only at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the report (April 28, 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 litigation and solicitor-client privilege.

January 7, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 2021) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1.  City Council approve the alterations to the designated heritage property at 10 and 10A Dawes Road, in accordance with Section 33 of the Ontario Heritage Act, for the construction a mixed-use building with one podium and two residential towers of 24 and 37 storeys plus mechanical penthouses, with alterations to the designated buildings at 10 and 10A Dawes Road, in conjunction with an appeal to the Local Planning Appeal Tribunal, comprised of the plans and drawings prepared by IBI Group Architects (Canada) Incorporated and dated April 12, 2021, submitted with the Heritage Impact Assessment prepared by ERA Architects Incorporated, dated April 6, 2021, all 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 conditions:

a. prior to issuance of an Local Planning Appeal Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 10-30 Dawes Road, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 10 and 10A Dawes Road, substantially in accordance with plans and drawings prepared by IBI Group Architects (Canada) Incorporated and dated April 12, 2021, submitted with the Heritage Impact Assessment prepared by ERA Architects Incorporated., dated April 6, 2021, subject to and in accordance with the approved Plan required in Parts 1.a.2 below, all to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

2. provide 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 10 and 10A Dawes Road, prepared by ERA Architects Incorporated., dated April 6, 2021 and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 10 and 10A Dawes Road, the owner shall:

1.  provide final site plan drawings including drawings related to the approved Conservation Plan required in Parts 1.a.2 above to the satisfaction of the Senior Manager, Heritage Planning;

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

3.  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 Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

4.  submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; and

5.  submit a Landscape Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance of any permit for all or any part of the property at 10 and 10A Dawes Road, 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:

1.  obtain final approval for the necessary by-law amendments required for the alterations to the property at 10 and 10A Dawes Road, such amendments to have been enacted by City Council in connection with a 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 Chief Planner and Executive Director, City Planning in consultation with the Senior Manager, Heritage Planning;

2.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Parts 1.a.2 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

3.  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, Landscape Plan, and Interpretation Plan; and

d. prior to the release of the Letter of Credit required in Part 1.c.3. above the owner shall:

1. 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 Planning; and

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

2.  City Council direct staff to continue to work with the applicant on a compatible adaptive reuse of the heritage property at 10 Dawes Road through sympathetic interior and exterior alterations of the heritage property. The details of the compatible adaptive reuse of the heritage property at 10 Dawes Road through sympathetic interior and exterior alterations will be included as part of the approved Conservation Plan required in Part 1.a.2 above.

3.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 10 and 10A Dawes Road in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4.  City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 10 and 10A Dawes Road.

Confidential Appendices A,  B Part 1,  B Part 2, and C to the report (April 28, 2021) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).