Item - 2023.TE9.30

City Council on March 20, and 21, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor, as contained in the Transmittal (March 18, 2024) from the Toronto Preservation Board [TE9.30a].

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor, as contained in the Transmittal (March 18, 2024) from the Toronto Preservation Board [TE9.30a].

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1.  City Council approve:

a.  the alterations of the designated heritage property at 415 Broadview Avenue, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new mixed use building in conjunction with an appeal to the Ontario Land Tribunal, comprised of the plans and drawings prepared by RAW Design Inc., dated January 17, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated January 17, 2024, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; and

b.  the demolition of heritage attributes of the designated heritage property at 415 Broadview Avenue, in accordance with Section 34(1)1 of the Ontario Heritage Act, to allow for the construction of a new mixed use building in conjunction with an appeal to the Ontario Land Tribunal, comprised of the plans and drawings prepared by RAW Design Inc., dated January 17, 2024, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated January 17, 2024, all on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.

2.  City Council direct that its consent to alter the designated property at 415 Broadview Avenue under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of attributes on the designated heritage property at 415 Broadview Avenue under Part IV, Section 34(1)1 of the Ontario Heritage Act are also subject to the following conditions:

a. prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeals for the property at 415 Broadview Avenue, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 415 Broadview Avenue substantially in accordance with the plans and drawings prepared by RAW Design Inc., dated January 17, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated January 17, 2024, subject to and in accordance with the Conservation Plan required in Part 2.a.2 below, to the satisfaction of the Senior Manager, Heritage Planning, including execution 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 substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 415 Broadview Avenue, prepared by ERA Architects Inc., dated January 17, 2024, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 415 Broadview Avenue, the owner has:

1. provided final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 2.a.2 to the satisfaction of the Senior Manager, Heritage Planning;

2. obtained final approval for the necessary by-law amendments required for the alterations to the property at 415 Broadview Avenue, such amendments to have been enacted by City Council in connection with an Ontario Land Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Chief Planner, City Planning in consultation with the Senior Manager, Heritage Planning;

3. provided an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

4. provided a Heritage Lighting Plan that describes how 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; and

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

c. prior to the issuance of any permit for all or any part of the property at 415 Broadview Avenue, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. obtain final approval for the necessary by-law amendments required for the alterations to the property at 415 Broadview Avenue, such amendments to have been enacted by City Council in connection with an Ontario Land Tribunal Order and to have come into 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;

2. have entered into a Heritage Easement Agreement with the City of Toronto required in Part 2.a.1 for property at 415 Broadview Avenue, including registration on title of such agreement, to the satisfaction of the City Solicitor;

3. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.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;

4. 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 and Interpretation Plan; and

5. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8 by 10 inch colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD 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.4. 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, required heritage lighting work, and the required 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; 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 415 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 415 Broadview Avenue.

The balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

City Council on February 6 and 7, 2024, deferred Item TE9.30 to the March 20, 21, and 22, 2024 meeting of City Council.

City Council on December 13, 14 and 15, 2023, deferred consideration of Item TE9.30 to the February 6, 7, and 8, 2024 meeting of City Council, and City Council direct the City Solicitor and staff to continue discussions with the applicant with respect to their heritage application and related Official Plan and Zoning By-law Amendment applications to achieve:

a. new building massing to shifted to above the west portion of the church building, and use step backs to be contained within a 45-degree angular plane from the east property line;

b. locating the new construction within the footprint of the existing buildings on site;

c. minimize shadow impact on the Neighbourhood to the north and east of the site;

d. demonstrate an appropriate privacy interface with adjacent properties; and

e. explore locating garbage pickup on Broadview Avenue.