Item - 2024.TE15.20

The Toronto and East York Community Council recommends that:

1. City Council consent to the application to alter the designated properties at 414, 416 and 418 Church Street and 79 and 81 Granby Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed-use building with the alterations to the designated heritage properties being substantially in accordance with the plans and drawings prepared by bKL Architecture Inc. dated March 22, 2024 and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment prepared by GBCA Architects dated March 26, 2024 and on file with the Senior Manager, Heritage 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 properties at 414, 416 and 418 Church Street and 79 and 81 Granby Street under Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions:

a. the related Official Plan Amendment and Zoning By-law Amendment requiring the proposed alterations has been enacted by City Council and has come into full force and effect;

b. prior to the introduction of the Bills for such Official Plan Amendment and Zoning By-law Amendment by City Council, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the properties at 414, 416 and 418 Church Street and 79 and 81 Granby Street substantially in accordance with the plans and drawings prepared by bKL Architecture Inc. dated March 22, 2024 and the Heritage Impact Assessment prepared by GBCA Architects dated March 26, 2024, both on file with the Sr. Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 2.b.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 consistent with the conservation strategy set out in the Heritage Impact Assessment prepared by GBCA Architects dated March 26, 2024, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance of any permit for all or any part of the properties at 414, 416 and 418 Church Street and 79 and 81 Granby 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 of the subject property shall:

1. have entered into a Heritage Easement Agreement with the City required in Recommendation 2.b.1. above, for the properties at 414, 416 and 418 Church Street and 79 and 81 Granby Street including registration on title of such agreement, to the satisfaction of the City Solicitor;

2. have obtained final approval for the necessary Official Plan and Zoning By-law Amendments, and such amendments to have come into full force and effect;

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

4. provide an Interpretation Plan for the properties located at 414, 416 and 418 Church Street and 79 and 81 Granby Street to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

5. provide a Heritage Lighting Plan that describes how the exterior of the properties located at 414, 416 and 418 Church Street and 79 and 81 Granby Street will be sensitively illuminated to enhance their 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

6. 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

d. prior to the release of the Letter of Credit required in Recommendation 2.c.6. 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; and

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

3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into a Heritage Easement agreement for the property at 414, 416 and 418 Church Street and 79 and 81 Granby Street.

4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

This report recommends that City Council approve the alterations under Section 33 of the Ontario Heritage Act proposed for the heritage properties at 414, 416 and 418 Church Street and 79 and 81 Granby Street in connection with the redevelopment of the site. Located in the McGill-Granby Village community, the properties at 414-418 Church Street, known as the Stephen Murphy Houses and Store, contain two house form buildings adjoining a commercial unit. The properties at 79 and 81 Granby Street, known as the Robert Kidney Houses, contain two semi-detached residential house-form buildings.

The proposal involves the construction of a new 32-storey mixed-use development with retail uses at grade and residential uses in the upper storeys. The Stephen Murphy Houses and Store will be altered and rehabilitated for commercial uses while the Robert Kidney Houses will be conserved for residential uses.     

The proposed alterations conserve the heritage attributes of the properties, and the impact of the new development is sufficiently mitigated to be consistent with the existing policy framework.

At its meeting on July 4, 2024 the Toronto Preservation Board considered Item PB20.1 and made recommendations to City Council.

This report recommends that City Council approve the alterations under Section 33 of the Ontario Heritage Act proposed for the heritage properties at 414, 416 and 418 Church Street and 79 and 81 Granby Street in connection with the redevelopment of the site. Located in the McGill-Granby Village community, the properties at 414-418 Church Street, known as the Stephen Murphy Houses and Store, contain two house form buildings adjoining a commercial unit. The properties at 79 and 81 Granby Street, known as the Robert Kidney Houses, contain two semi-detached residential house-form buildings.

The proposal involves the construction of a new 32-storey mixed-use development with retail uses at grade and residential uses in the upper storeys. The Stephen Murphy Houses and Store will be altered and rehabilitated for commercial uses while the Robert Kidney Houses will be conserved for residential uses.     

The proposed alterations conserve the heritage attributes of the properties, and the impact of the new development is sufficiently mitigated to be consistent with the existing policy framework.