Item - 2023.CC11.7

City Council on October 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 6, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 6, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 6, 2023) 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 (September 6, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council consent to the alterations to the designated heritage property at 401 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 75-storey mixed-use building, with such alterations substantially in accordance with the plans and drawings dated March 12, 2023 prepared by Teeple Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, and the Heritage Impact Assessment for 401 Yonge Street dated April 21, 2023, prepared by GBCA Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning all subject to and in accordance with a Commemoration Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a.  that the related site-specific Zoning By-law Amendment giving rise to the proposed alterations have been enacted by the City Council and have come into full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning, Urban Design, City Planning; and

b.  prior to the City Solicitor's submission of the necessary Bills for enactment on the applicant's zoning by-law amendment application, the owner shall provide a detailed Commemoration Plan prepared by a qualified heritage consultant to include a façade retention strategy and commemoration strategy for the property at 401 Yonge Street substantially in accordance with the Heritage Impact Assessment dated April 21, 2023 prepared by GBCA Architects, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council direct the City Solicitor to submit a Bill to repeal City of Toronto By-law 452-2023 following the Senior Manager, Heritage Planning, Urban Design, City Planning's receipt of written confirmation from the owner's qualified heritage architect that the proposal as described in architectural plans for the site prepared by Teeple Architects, dated March 12, 2023 and attached as Confidential Appendix B to Item 2023.CC5.22, has been constructed in substantial accordance with those plans.

The balance of Confidential Attachment 1 to the report (September 6, 2023) 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.