Item - 2022.CC42.16

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 29, 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 29, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 29, 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 (March 29, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council consent to the application to alter the designated property at 625 Church Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act for the reasons stated in the report (March 29, 2022) from the City Solicitor and with such alterations substantially in accordance with the plans and drawings dated February 26, 2022, prepared by Raw Design Inc. on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., revised April 21, 2021 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.

2. City Council direct that its consent to the application to alter the designated property at 625 Church Street under Part IV, Section 33 of the Ontario Heritage Act is also subject to the following conditions: 

a. the conservation strategy described in the Heritage Impact Assessment prepared by ERA Architects Inc., revised April 21, 2021, be secured by the final form of the Zoning By-law Amendment and the Section 37 Agreement between the owner and the City, such agreement being authorized by City Council pursuant to its decision on March 9, 2022 by adoption of Item CC41.17;

b. prior to the issuance a notice of approval conditions in respect of a site plan control application for the proposed development of the designated property at 625 Church Street, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 625 Church Street in accordance with the plans and drawings dated February 26, 2022, prepared by Raw Design Inc. and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., revised April 21, 2021, and in accordance with the Conservation Plan required in Part 2.b.2. below, 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 625 Church Street prepared by ERA Architects Inc., revised April 21, 2021, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance a notice of approval conditions in respect of a Site Plan control application for the proposed development of the designated property at 625 Church Street 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;

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;

d. prior to the issuance of any permit for all or any part of the property at 625 Church 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 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;

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

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; 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 625 Church Street 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 Council authorizing the entering into of a Heritage Easement Agreement for the property at 625 Church Street.

Confidential Appendices A, B and C to the report (March 29, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 29, 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.