Item - 2022.TE34.15

That City Council adopt the following recommendation in the supplementary report (July 7, 2022) from the City Solicitor [TE34.15b]:

1. City Council direct that Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client and litigation privilege and relates to ongoing litigation against the City.

That City Council adopt the following recommendations in the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

1. City Council consent to the application to alter the designated property at 95 St. Joseph Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act for the reasons stated in the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning and with such alterations substantially in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc. on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 10, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with an approved Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a. That the related site specific Official Plan Amendment and Zoning By-law Amendment have come into full force and effect.

b. That the owner:

1. Enter into a Heritage Easement Agreement with the City for the property at 95 St. Joseph Street in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc., and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared ERA Architects Inc., dated March 10, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor.

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 95 St. Joseph Street prepared by ERA Architects Inc., dated March 10, 2022, to the satisfaction of the Senior Manager, Heritage Planning.

3. Recommendation b. 1. and 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. That prior to Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment for the property located at 95 St. Joseph Street, the subject owner shall:

1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide a Heritage Lighting Plan that describes how the exterior of the subject heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

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

6. Provide full documentation of Newman Hall Chapel, 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.

d. That prior to the issuance of any permit for all or any part of the property at 95 St. Joseph 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 related site specific Official Plan and Zoning By-law Amendments giving rise to the proposed alterations have come into full force and effect and the owner of the subject property shall:

1. Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2 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.

e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretive work has been completed in accordance with the Conservation Plan, 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.

2. 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 the property at 95 St. Joseph Street 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 95 St. Joseph Street.

That:

1.  The Item be forwarded to City Council without recommendation; and

2.  Request the City Solicitor to provide a confidential report directly to City Council setting out the likely outcome of an appeal to the Ontario Land Tribunal should this application be refused by the City and appealed by the applicant and include reference to the following matters: 1) refusal of alterations to the heritage building; 2) refusal to grant permission to build residential in an institutional zone; 3) refusal to grant the height and setbacks set out in the report; and 4) planning evidence required to defend a refusal request.