49-51 Yonge Street - Ontario Land Tribunal Hearing - Appeal Report

The confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice offer to settle dated February 23, 2024 set out in Public Appendix A to the report (March 6, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. 3. City Council direct the City Solicitor to request that the Final Order of the Ontario Land Tribunal be withheld pending the completion of the following: a. the Zoning By-law Amendments have been finalized in a form and content satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning, that implements the proposed development; b. the Owner has provided an access agreement for shared vehicle access and a loading agreement for shared loading facilities, to the satisfaction of the General Manager, Transportation Services; c. the Owner has addressed outstanding issues in relation to site servicing and has submitted a Functional Servicing Report, Hydrogeological and Geotechnical Report, and any other related engineering reports and drawings to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the Owner's sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. a detailed Conservation Plan prepared by a heritage consultant prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 49 and 51 Yonge Street, dated February 20, 2024, prepared by GBCA Architects, to the satisfaction of the Senior Manager, Heritage Planning; and e. a Heritage Easement Agreement between the Owner and the City for the properties at 49 and 51 Yonge Street substantially in accordance with the plans and drawings dated February 8, 2024, prepared by Architects Alliance and the required Conservation Plan. The balance of Confidential Attachment 1 to the report (March 6, 2024) 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 6, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.