Item - 2022.CC50.12

City Council on September 28, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 21, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (September 21, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (September 21, 2022) 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 (September 21, 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 property at 544 and 550 Queen Street East in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new multi-storey mixed-use development on the lands known municipally as 544 and 550 Queen Street East and 28 River Street with such alterations substantially in accordance with the revised with prejudice settlement offer dated June 8, 2022 (the "Revised Proposal") including plans and drawings dated May 6, 2022 prepared by Quadrangle Architects Limited, and on file with the Senior Manager, Heritage Planning and in Confidential Appendix A to the report (September 21, 2022) from the City Solicitor; and with the Heritage Impact Assessment, prepared by ERA Architects, dated August 9, 2021, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a. 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:

i. the owner has provided a detailed Conservation Plan for the property at 544 and 550 Queen Street East prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared ERA Architects, dated August 9, 2021, to the satisfaction of the Senior Manager, Heritage Planning; and

ii. the owner has entered into a Heritage Easement Agreement with the City for the properties at 544 and 550 Queen Street East, substantially in accordance with plans and drawings prepared by dated May 6, 2022 prepared by Quadrangle Architects Limited and with the Heritage Impact Assessment, prepared by ERA Architects, subject to and in accordance with the approved Conservation Plan required in Part 1.a.i. above, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor;

b. prior to Final Site Plan approval for the Lands, or any part of the Lands, the owner shall:

i. provide final site plan drawings, including drawings related to the approved Conservation Plan required in Part 1.a.i. above to the satisfaction of the Senior Manager, Heritage Planning;

ii. 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 Planning; and

iii. provide a Heritage Lighting Plan that describes how the buildings on the subject 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 Planning;

c. City Council direct that prior to the issuance of any permit for all, or any part of the Lands, including a heritage permit, demolition permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

i. 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.i. 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

ii. 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

d. City Council direct prior to the release of the Letter of Credit required in Part 1.c.ii. above the owner shall:

i. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretation has been completed in accordance with the relevant approved plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

ii. 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 544 and 550 Queen Street East in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

Confidential Appendix A to the report (September 21, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (September 21, 2022) 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (September 21, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.