Item - 2022.CC47.43

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

1. City Council approve the alterations to the designated property at 4946 Dundas Street West, in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new nine-storey mixed-use building with the alterations to the designated property consistent with the plans and drawings dated March 31, 2022, prepared by MontgomerySisam Architects Inc. and the Heritage Impact Assessment dated March, 2022 prepared by EVOQ Architecture, 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 4946 Dundas Street West in accordance with the plans and drawings dated March 31, 2022, prepared by MontgomerySisam Architects Inc. and the Heritage Impact Assessment dated March, 2022 prepared by EVOQ Architecture, subject to and in accordance with 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 4946 Dundas Street West prepared by EVOQ Architecture and dated March, 2022, to the satisfaction of the Senior Manager, Heritage Planning;

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 for the proposal, for the property located at 4946 Dundas Street West, the owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.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 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

4. provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

d. prior to the issuance of any permit for all or any part of the property at 4946 Dundas Street West, 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. have entered into a Heritage Easement Agreement with the City required in Part 1.b.1. above;

2. 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;

3. 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, Lighting Plan and Interpretation Plan; and

4. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 20.32 cm X 25.4 cm (8” x 10”) colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB 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 1.d.3. 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 and Interpretation Plan and that an appropriate standard of conservation has been maintained, all 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 4946 Dundas Street West 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 4946 Dundas Street West.