Item - 2022.CC42.11

City Council on April 6 and 7, 2022 adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 22, 2022) 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 and C to the report (March 22, 2022) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 22, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and litigation privilege.

Confidential Attachment 1 and Confidential Appendices A, B and C to the report (March 22, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (March 22, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

April 19, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (March 22, 2022) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1.  City Council consent to the application to alter the designated property at 958 Broadview Avenue, with conditions, under Part IV, Section 33 of the Ontario Heritage Act for the reasons stated in the report (March 22, 2022) from the City Solicitor and with such alterations substantially in accordance with the plans and drawings dated February 17, 2022, prepared by Graziani + Corazza on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 17, 2021 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning.

2.  City Council direct that its consent to the application to alter the designated property at 958 Broadview Avenue under Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions:

a.  prior to any Ontario Land Tribunal Final Order issued in connection with the Zoning By-law Amendment appeal, the owner shall:

1.  enter into a Heritage Easement Agreement with the City for the property at 958 Broadview Avenue in accordance with the plans and drawings dated February 17, 2022, prepared by Graziani + Corazza and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 17, 2021, and in accordance with the Conservation Plan required in Recommendation 2.a.2, to the satisfaction of the Senior Manager, Heritage 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 958 Broadview Avenue prepared by ERA Architects Inc., dated December 17, 2021, to the satisfaction of the Senior Manager, Heritage Planning;

b.  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.a.2 above to the satisfaction of the Senior Manager, Heritage Planning;

2.  provide a Heritage Lighting Plan that describes how the exterior of 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;

3.  provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

4.  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; and

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

c.  prior to the issuance of any permit for all or any part of the property at 958 Broadview Avenue, 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, 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;

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

3.  provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive 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 Planning; and

d.  prior to the release of the Letter of Credit required in Part 2.c.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 lighting and interpretive work have 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; and

2.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage 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 958 Broadview Avenue 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 property at 958 Broadview Avenue.

Confidential Appendices A, B and C to the report (March 22, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 22, 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 and litigation privilege.