Item - 2021.CC35.8

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 (June 1, 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 (June 1, 2021) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1  to the report (June 1, 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 (June 1, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council accept the revisions to the conservation strategy as described in Confidential Attachment 1 and Confidential Appendix A (Revised Conservation Plan, dated April 1, 2021), Confidential Appendix B and Confidential Appendix C to the report (June 1, 2021) from the City Solicitor and subject to Parts 2 and 3 below.

2.  City Council approve the request to demolish the heritage building at 348-350 Yonge Street in accordance with Section 34 of the Ontario Heritage Act as proposed in Confidential Appendix A to the report  (June 1, 2021) from the City Solicitor and substantially in accordance with the Revised Conservation Plan for the properties at 8 Elm Street consisting of three properties at 8 Elm Street, 348-350 Yonge Street and 352-354 Yonge Street prepared by GBCA Architects, dated April 1, 2021, subject to the following conditions:

a.  prior to issuance of the final Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) Order in connection with the Zoning By-law Amendment appeal, the owner shall:

i.  provide a detailed Reconstruction and Commemoration Plan for the property at 348-350 Yonge Street prepared by a qualified heritage consultant that is substantially in accordance with the strategy set out in the Revised Conservation Plan prepared by GBCA Architects, dated April 1, 2021, to the satisfaction of the Senior Manager, Heritage Planning; and

ii.  enter into and register on the property at 8 Elm Street and 348-350 Yonge 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 issuance of a demolition permit for all or any part of the property at 8 Elm Street and 348-350 Yonge Street, the owner shall:

i.  provide full documentation of the existing heritage properties at 8 Elm Street and 348-350 Yonge Street, including two (2) printed sets of archival quality 8 inch by 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format 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 Manager, Heritage Planning; and

c.  prior to the release of the Letter of Credit required in Part 2.a.ii. above the owner shall:

i.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that all of the reconstruction and commemoration work has been completed in accordance with the Reconstruction and Commemoration Plan all to the satisfaction of the Manager, Heritage Planning.

3.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) to advise that City Council supports the revisions to the conservation strategy shown in the Revised Conservation Plan prepared by GBCA Architects, dated April 1, 2021 attached as Confidential Appendix A to the report (June 1, 2021) from the City Solicitor.

Confidential Appendices A, B and C to the report (June 1, 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 (June 1, 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.