Item - 2011.CC8.2

City Council on May 17, 18 and 19, 2011, adopted the following:

1.         City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 13, 2011) from the City Solicitor.

2.         City Council authorize the public release of the confidential instructions in Confidential Attachment 1 to the report (May 13, 2011) from the City Solicitor, if adopted by Council, and direct that Confidential Attachment 2 remain confidential.

The following instructions contained in Confidential Attachment 1 to the report (May 13, 2011) from the City Solicitor have been adopted by City Council and are now public:

1.         City Council accept the without prejudice offer to settle the outstanding appeals before the Ontario Municipal Board as set in Attachment #2 subject to the following conditions:

a.         the owner shall obtain an alteration permit for the property pursuant to section 33(1) of the Ontario Heritage Act;

b.         the owner shall withdraw its appeal to the Ontario Municipal Board of Council's  refusal of a demolition permit for the property pursuant to section 34 of the Ontario Heritage Act;

c.         the owner shall make a cash payment of $250,000 in lieu of replacing the 9 existing rental units on the property;

d.         the owner shall make a contribution of $50,000 to the City towards a heritage conservation district study for the Casa Loma Neighbourhood;

e.         the owner shall enter into an agreement with the City pursuant to section 45(9.1)  of the Planning Act to secure the foregoing conditions 1c and d;

f.          the owner shall fulfill all site plan conditions to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

g.         the owner shall enter into a Heritage Easement Agreement with the City pursuant to the Ontario Heritage Act;

h.         the owner shall provided a detailed conservation plan including all particulars of the building's restoration to the satisfaction of the Manager, Heritage Preservation Services;

i.          the owner shall provide a detailed landscape plan to the satisfaction of the Manager, Heritage Preservation Services; and

j.          the owner shall provide a letter of credit to secure all work contained in the conservation and landscape plans to the satisfaction of the Manager, Heritage Preservation Services.

2.         City Council direct the Chief Planner and Executive Director, City Planning Division to initiate an Official Plan Amendment to Chapter 3, Section 3.2.1 Housing, Policy 6 in the City of Toronto Official Plan to permit the provision of a cash contribution in-lieu of replacement rental units and that a public meeting be scheduled for the June 22, 2011 meeting of the Toronto and East York Community Council.

3.         City Council direct the Chief Planner and Executive Director, City Planning Division to report to the June 22, 2011 meeting of the Toronto and East York Community Council recommending conditions for approving a demolition permit pursuant to section 111 of the City of Toronto Act, 2006 and Municipal Code Chapter 667.

4.         City Council approve a demolition permit, if required by the Chief Building Official, pursuant to Municipal Code Chapter 363 and section 33 of the Planning Act to allow for the demolition of existing internal dwelling units and the non-heritage portion of the residential building.

5.         City Council authorize the City Solicitor and other appropriate staff to attend at the Ontario Municipal Board in support of the proposed settlement subject to the foregoing conditions.

6.         City Council authorize City Officials to take all necessary action to give effect to the foregoing.

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (May 13, 2011) from the City Solicitor remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006 as they contains information advice that is subject to solicitor client privilege.