Item - 2022.CC47.42

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council approve the alterations to the designated heritage property at 14 Duncan Street, in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new 48-storey tower and podium with alterations to the building on the designated property consistent with the plans and drawings dated February 24, 2022 prepared by Quadrangle Architects Limited and the Heritage Impact Assessment dated February 28, 2022 prepared by Philip Goldsmith Architect all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

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

b. the owner shall:

1. enter into a  Heritage Easement Agreement with the City for the property at 14 Duncan Street substantially in accordance with plans and drawings dated February 24, 2022 prepared by Quadrangle Architects Limited and the Heritage Impact Assessment dated February 28, 2022 prepared by Philip Goldsmith Architect, subject to and in accordance with the approved Conservation Plan required in Part 1.b.2. below, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor;

2. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 14 Duncan Street prepared by Philip Goldsmith Architect, dated February 28, 2022, to the satisfaction of the Senior Manager, Heritage Planning; and

3. Parts 1.b.1. and 1.b.2. above are required to be satisfied prior to the introduction of the bill for any Zoning By-law Amendment related to the property, unless other legal mechanisms are utilized so as to satisfy the City Solicitor that no Building Permit will be issued until such time as the Owner has entered into the Heritage Easement Agreement and registered the agreement on title; in any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled;

c. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 14 Duncan Street the owner shall:

1. provide final Site Plan drawings including drawings related to the approved Conservation Plan required in Part 1.b.2. above to the satisfaction of the Senior Manager, Heritage Planning;

2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Planning; and

4. 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 property at 14 Duncan Street, 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, 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 1.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 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 1.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, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, 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; and

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

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 14 Duncan Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a heritage easement agreement for the property at 14 Duncan Street.