Item - 2022.CC45.6

City Council on June 15 and 16, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 27, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 27, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 27, 2022) 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 (May 27, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 

1.  City Council approve the alterations to the heritage properties at 1354, 1358 and 1360 Queen Street West in accordance with Section 33 of the Ontario Heritage Act to allow for alterations substantially in accordance with the plans and drawings dated April 22, 2022, prepared by Giannone Petricone Associates (GPA), on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc. dated April 22, 2022, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

2.  City Council direct that its consent to the application to alter the designated properties at 1354, 1358 and 1360 Queen Street West Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions:

a.  the Ontario Land Tribunal has approved the Official Plan and Zoning By-law Amendment Application for 1358-1360 and 1354-1356 Queen Street West and 8-10, 12 and 14 Brock Avenue (20 200379 STE 04 OZ) substantially in accordance with the plans and drawings dated April 22, 2022, prepared by Giannone Petricone Associates;

b.  should the Ontario Land Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of the final Order on the Zoning By-law Amendment appeal until such time as the owner has done the following:

1.  enter into a Heritage Easement Agreement with the City for the property at 1354, 1358 and 1360 Queen Street West in accordance with the plans and drawings dated April 22, 2022, prepared by Giannone Petricone Associates (GPA) and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by ERA Architects, dated April 22, 2022, and in accordance with the Conservation Plan required in Part 2.b.2 below, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor; and

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 1354, 1358 and 1360 Queen Street West, prepared by ERA Architects Inc., dated April 22, 2022, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

c.  prior to final Site Plan approval for the subject lands the owner shall:

1.  provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 2.b.2 above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

2.  have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Amendment 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 its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

4.  provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

5.  submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning;

d.  prior to the issuance of any permit for all or any part of the properties at 1354, 1358 and 1360 Queen Street West 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 Planning, Urban Design, City Planning, the owner shall:

1.  provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.b.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 Planning; and

2.  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 Planning, Urban Design, City Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan; and

e.  prior to the release of the Letter of Credit required in Part 2.d.2 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, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

2.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3.  City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 1354, 1358 and 1360 Queen Street West in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4.  City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 1354, 1358 and 1360 Queen Street West.

The balance of Confidential Attachment 1 to the report (May 27, 2022) 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.