Item - 2018.CC44.6

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 6, 2018) 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, C, D and E to the report (July 6, 2018) from the City Solicitor and City Council direct that the balance of the Confidential Attachment 1 to the report (July 6, 2018) 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 (July 6, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council approve alterations to the heritage properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new mixed use development incorporating the heritage buildings on the lands known municipally in the year 2018 as 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East in connection to the ongoing appeal before the Local Planning Appeal Tribunal, with such alterations substantially in accordance with plans and drawings dated July 6, 2018 and prepared by Sweeny & Co Architects and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc., July 6, 2018, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a.  prior to issuance of a Local Planning Appeal Tribunal Order in connection with the Official Plan and Zoning By-law Amendments appeal for the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East the owner shall:

1.  enter into a Heritage Easement Agreement with the City for the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East in accordance with the plans and drawings July 6, 2018 and prepared by Sweeny & Co Architects and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment, prepared by ERA Architects Inc., July 6, 2018 and in accordance with the Conservation Plan required in Part 1.a.2 below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

2.  provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East prepared by ERA Architects Inc, dated July 6, 2018, to the satisfaction of the Senior Manager, Heritage Preservation Services;

3.  enter into and register on the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Official Plan and Zoning By-law Amendments giving rise to the proposed alterations; and

4.  withdraw the appeal to the Conservation Review Board of the Part IV (Ontario Heritage Act) heritage designation of the properties municipally known as 245 Queen Street East, 384 and 410 Richmond Street East and 78 and 90 Ontario Street;

b.  prior to final Site Plan approval for the proposed development at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East as contained in the plans and drawings dated July 6, 2018 prepared by Sweeny & Co., the owner shall:

1.  provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.a.2, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2.  have obtained final approval for the necessary Official Plan and Zoning By-law Amendments required for the subject property, such Amendments to have come into full force and effect;

3.  provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

4.  provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

5.  provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services; and

6.  submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

c.  prior to the issuance of any permit for all or any part of the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East, including a heritage permit or a building permit but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1.  have obtained final approval for the necessary Official Plan and Zoning By-law Amendments required for the subject properties, such Amendment to have come into full force and effect;

2.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.2. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services;

3.  provide a Letter of Credit, including provision for upwards 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, Heritage Lighting Plan, and Interpretation Plan;

4.  provide full documentation of the existing heritage properties, 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 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, to the satisfaction of the Senior Manager, Heritage Preservation Services;

d.  prior to the release of the Letter of Credit required in Part 1.c.3 above, the owner shall:

1.  provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Interpretation Plan and Heritage Lighting Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2.  provide replacement Heritage Easement Agreement photographs for the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East to the satisfaction of the Senior Manager, Heritage Preservation Services.

2.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East in a form and with content satisfactory to the Chief Planner and Executive Director and City Solicitor.

3.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of Heritage Easement Agreements for the properties at 245 and 265 Queen Street East, 90 Ontario Street and 384 and 410 Richmond Street East.

Confidential Appendices A, B, C, D and E to the report (July 6, 2018) 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 (July 6, 2018) 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.