Item - 2021.CC32.16

City Council on May 5 and 6, 2021, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 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 (March 29, 2021) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 29, 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 Appendices A, B and C (the "Revised Settlement Offer") to the report (March 29, 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 265 (263) Queen Street East in accordance with Section 34 of the Ontario Heritage Act as proposed in Confidential Appendix A to the report (March 29, 2021) from the City Solicitor and substantially in accordance with the Revised Heritage Impact Assessment for the properties at 263-265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East prepared by ERA Architects Inc. dated January 15, 2021, subject to the following conditions:

a.  prior to issuance of the final Local Planning Appeal Tribunal Order in connection with the Official Plan and Zoning By-law Amendment appeal, the owner shall:

i.  provide a detailed Reconstruction and Commemoration Plan for the property at 265 (263) Queen Street East prepared by a qualified heritage consultant that is substantially in accordance with the strategy set out in the Revised Heritage Impact Assessment prepared by ERA Architects Inc. dated January 15, 2021, to the satisfaction of the Senior Manager, Heritage Planning;

ii.  enter into and register on the property at 265 (263) Queen Street East 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; and

iii.  withdraw their appeal(s) to the Conservation Review Board of City Council's Intention to Designate under Part IV of the Ontario Heritage Act the properties at 245 Queen Street East, 90 Ontario Street, 384 Richmond Street East and 410 Richmond Street East;

b.  prior to issuance of a demolition permit for all or any part of the property at 265 (263) Queen Street East, the owner shall:

i.  provide full documentation of the existing heritage properties at 265 (263) Queen Street East, 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 Local Planning Appeal Tribunal to advise that City Council supports the revisions to the conservation strategy shown in the Revised Settlement Plans and Drawings prepared by Graziani + Corazza Architects Inc. dated January 15, 2021 attached as Confidential Appendix B to the report (March 29, 2021) from the City Solicitor and the January 15, 2021 Revised Heritage Impact Assessment prepared by ERA Architects Inc.

Confidential Appendices A, B and C to the report (March 29, 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 (March 29, 2021) 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 29, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.