Item - 2012.TE13.4

That City Council adopt the recommendations contained in the transmittal (February 21, 2012) from the Toronto Preservation Board [TE13.4b] amended to read as follows:

1.         City Council consent to the alteration of the designated heritage property located at 129 St. Clair Avenue West (former Deer Park United Church) subject to the following conditions:

a.         That the alterations to the building be completed in accordance with the Heritage Impact Assessment dated November 16, 2011 and the addendum dated February 7, 2012, both prepared by E.R.A. Architects Inc., subject to changes satisfactory to the Manager, Heritage Preservation Services, and substantially in accordance with the architectural drawings submitted by Diamond and Schmitt Architects dated February 8, 2012 and that the retained portion of the designated property be shored, stabilized, kept in-situ and protected during construction of this project;

b.          Prior to final site plan approval, the owner shall enter into a Heritage Easement Agreement for 129 St. Clair Avenue West to the satisfaction of the Manager, Heritage Preservation Services and the City Solicitor, with the agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor.  In addition the Owner shall also use reasonable commercial efforts to, in any event, execute and deliver the Heritage Easement Agreement no later than three (3) months after Council has passed the Official Plan Amendment and the Zoning By-law Amendment referred to in Recommendations 1. and 2. of item 13.3 of the Toronto and East York Community Council;

c.         Prior to final site plan approval, the owner shall provide the following to the satisfaction of the Manager, Heritage Preservation Services:

i.          an as-found record of the existing building including photographs keyed to plans and elevations of all the visible exteriors and interiors;

ii.          a detailed Conservation Plan for the conservation work described in the November 16, 2011 Heritage Impact Assessment and the February 7, 2012 addendum (E.R.A. Architects Inc.), subject to changes satisfactory to the Manager, Heritage Preservation Services, to be prepared by a qualified heritage consultant, detailing recommended interventions, exterior restoration, estimated costs and a schedule of short and long term maintenance requirements;

iii.         an Interpretation Plan;

iv.         a Heritage Lighting Plan;

v.          site plan drawings in accordance with the Heritage Impact Assessment dated November 16, 2011, and addendum dated February 7, 2012, both as prepared by E.R.A. Architects, subject to changes satisfactory to the Manager, Heritage Preservation Services;

vi.         a final landscape plan that supports the heritage character of the heritage building; and

vii.       a Letter of Credit, in a form and an amount satisfactory to the Acting Chief Planner and Executive Director, City Planning Division, to secure all restoration and interpretation work included in the detailed Conservation Plan;

d.         Prior to the issuance of any heritage permit pursuant to the Ontario Heritage Act, including a permit for alteration of any structure on the subject property, and including any permit for shoring or excavation on the subject property, or any portion of such property:

i.          the related zoning by-law amendment shall be in full force and effect;

ii.          the owner shall have obtained final site plan approval from the Acting Chief Planner and Executive Director, City Planning;

iii.         the owner shall submit final plans and drawings to the satisfaction of the Manager, Heritage Preservation Services; and

iv.         an easement and permanent access to the courtyard for the general public, to be secured in manner satisfactory to the Acting Chief Planner and Executive Director, City Planning and such publicly accessible open space may be used for outdoor café or restaurant seating provided the Acting Chief Planner, in consultation with the Ward Councilor, is satisfied that the café and restaurant use and location and extent of seating does not detract from the public nature of the publicly accessible open space;

e.         Prior to the release of the Letter of Credit, the owner shall provide a Letter of Substantial completion for the restoration work, signed by the project architect and heritage consultant to the satisfaction of the Manager, Heritage Preservation Services.

2.         City Council grant authority for the City Solicitor to enter into a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

3.         City Council authorize the City Solicitor to introduce any necessary bill in Council to enter into the Heritage Easement Agreement.

4.         City Council receive the report (January 5, 2012) from the Acting Director, Policy and Research, City Planning for information.