Item - 2023.PB8.8

The Toronto Preservation Board recommends that:

1. City Council consent to the application to alter the designated property at 60 Mill Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act from the Senior Manager, Heritage Planning, Urban Design, City Planning and with such alterations substantially in accordance with the Heritage Impact Assessment dated June 1, 2023 prepared by ERA Architects Inc. and Conservation Plan dated June 1, 2023 prepared by ERA Architects Inc., on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, subject to the following conditions:

a. prior to issuance of the Tribunal’s final Order in connection with the Zoning By-law Amendment appeal for the property at 60 Mill Street, the owner shall:

1. Amend the Heritage Easement Agreement with the City for the property at 60 Mill Street in accordance with the Heritage Impact Assessment dated June 1, 2023 prepared by ERA Architects Inc. and Conservation Plan dated June 1, 2023 prepared by ERA Architects Inc., and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, including registration of such agreement to the satisfaction of the City Solicitor.

b. prior to final Site Plan approval for the proposal, for the property located at 60 Mill Street, the owner shall:

1. provide final site plan drawings that are substantially in accordance with the approved Conservation Plan and which are to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. 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, Urban Design, City Planning.

3. 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, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

 4. provide a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

c. prior to the issuance of any permit for all or any part of the property at 60 Mill 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, Urban Design, City 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, Urban Design, City 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, Urban Design, City Planning, to secure all work included in the approved Conservation Plan, Lighting Plan and Interpretation Plan.

 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, Urban Design, City Planning.

d. prior to the release of the Letter of Credit required in Part 1.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 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, Urban Design, City Planning.

 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement, registered on the title for the heritage property at 60 Mill Street, Instrument Number AT6156421, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, 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 amendment of the Heritage Easement Agreement for the property at 60 Mill Street.

Erin Smith, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 60 Mill Street - Alterations to a Heritage Property and Authority to Amend a Heritage Easement Agreement.

This report recommends that City Council approve alterations and authorize an amendment of the Heritage Easement Agreement for the designated heritage property at 60 Mill Street, known as Rack House D. Alterations proposed through the subject development application were previously approved by City Council under the Ontario Heritage Act and the Planning Act, to implement an Interim Decision and Order issued by the Ontario Land Tribunal to permit the construction of a 31 storey hotel building on the subject site. The approved application consisted of the alteration and retention of the existing Rack House D elevations as a podium.

Since Council granted its approval, construction access considerations have led to a change to the approved conservation strategy. The proposed change comprises the panelization of 9 bays of the west elevation, with the southern-most bay retained in-situ. The north elevation will continue to be dismantled and reconstructed with modifications as originally proposed, using a mix of salvaged and new materials, with the eastern-most bay retained in-situ. Panelization will allow access to excavate the site, allowing for the construction of the development that was approved by the Ontario Land Tribunal.

As the revised conservation differs from the previously approved alterations, Council approval is needed to revise the alteration approval under the Ontario Heritage Act and to amend the Heritage Easement Agreement.