Item - 2019.CC1.25

City Council on December 4, 5 and 13, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (December 12, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (December 12, 2018) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix A to the report (December 12, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (December 12, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  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 Revised Proposal described in the report  (December 12, 2018) from the City Solicitor, subject to Parts 2 to 6 below.

2.  City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the Owner on the final form of the By-laws to be presented as part of a settlement at the Local Planning Appeal Tribunal.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment and Official Plan amendment applications until such time as the Tribunal has been advised by the City Solicitor that:

a.  the Owner has submitted revised plans, drawings, and perspectives, and a revised Heritage Impact Statement reflecting the Revised Proposal described in the report (December 12, 2018) from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  the Owner has provide revised plans, drawings, and studies to reflect the outstanding requirements outlined in the Engineering and Construction Services memos of October 17, 2017 and March 15, 2018, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  the Owner has entered into any agreements with the City as may be required securing, at the sole cost of the owner, the construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, all to the satisfaction of the City Solicitor;

d.  the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

e.  the Owner has provided revised plans, drawings, and studies to reflect the outstanding requirements outlined in the Urban Forestry memos of September 27, 2016, October 23, 2017, and February 14, 2018, all to the satisfaction of the Supervisor, Urban Forestry, Tree Protection and Plan Review.

4.  In the event that a settlement based on the Revised Proposal and subject to Parts 1 to 3 above is reached between the City and the Owner, City Council approve the issuance of a permit to demolish the structures at 5, 7, and 9 Dale Avenue, all Category "C" rated properties within the South Rosedale Heritage Conservation District, in accordance with Section 42 of the Ontario Heritage Act subject to the following:

a.  City Council approve the replacement structure for 5, 7, and 9 Dale Avenue as shown in the Revised Proposal and as further described in the report (December 12, 2018) from the City Solicitor, along with the revised Heritage Impact Statement to be submitted by the owner as referenced in Part 3.a., above, and that the replacement structure, landscaping, and conservation of the existing heritage landscape at 7 Dale Avenue be constructed substantially in accordance with the approved Conservation Plan, to the Satisfaction of the Senior Manager, Heritage Preservation Services;

b.  the related site specific Zoning By-law Amendment for the lands including 5, 7, and 9 Dale Avenue giving rise to the proposed Section 42 demolitions and alteration is supported by City Council and has come into full force and effect;

c.  prior to the issuance of any heritage permit for the properties at 5, 7, and 9 Dale Avenue, including a demolition permit but excluding permits for interior work, repairs, and maintenance and usual and minor works for the existing building as are acceptable to the Senior Manager, Heritage Preservation Services, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Preservation Services:

i.  photo documentation of all structures and landscapes at 5 and 9 Dale Avenue;

ii.  full documentation of the existing property (all structures and landscape) at 7 Dale Avenue, 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;

iii.  a Conservation Plan, prepared by a qualified heritage consultant, for the retention and restoration of the original Dunnington-Grubb and Stenneson landscape at 7 Dale Avenue, as proposed in the Revised Proposal, and in keeping with the Standards and Guidelines for the Conservation of Historic Places in Canada, with such plan to include an estimate of costs associated with the work and an Interpretation Plan for the property at 7 Dale Avenue;

iv.  a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services, to secure all work included in the approved Conservation Plan; and

v.  final building permit drawings for the replacement structure and a Landscape Plan consistent with the Revised Proposal as described in the report (December 12, 2018) from the City Solicitor, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

d.  prior to the release of the Letter of Credit the Owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work has been completed in accordance with the approved Conservation Plan; and

e.  the owner agreeing to work with Senior Manager, Heritage Preservation Services, in consultation with the City Solicitor on a long-term strategy for the continued maintenance and conservation of the significant Dunnington-Grubb and Stenneson landscape at 7 Dale Avenue, including, but not limited to, consideration of designation under Part IV of the Ontario Heritage Act and a heritage easement agreement, or any other such protective measure as appropriate, once the conservation work has been completed and the lands have been evaluated for their cultural heritage value.

5.  City Council request the Senior Manager, Heritage Preservation to review all remaining Category "C" rated properties within the North and South Rosedale Heritage Conservation Districts to ensure that the current ratings are appropriate, and propose a process for revising the existing ratings, in consultation with the City Solicitor, if necessary.

6.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

The balance of Confidential Attachment 1 and Confidential Appendix A to the report (December 12, 2018) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege.