Item - 2024.CC19.20

City Council on June 26 and 27, 2024, adopted the following:

1. City Council consent to the application to alter the designated heritage properties at 239, 241-243 and 247-255 Dundas Street East, with conditions, under Part V, Section 42 of the Ontario Heritage Act, to allow for the construction of a 52-storey (plus mechanical penthouse) mixed-use building, with such alterations to the designated properties being substantially in accordance with the plans and drawings dated December 8, 2023, revised May 28, 2024, prepared by Turner Fleischer Architects Inc., and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment prepared by GBCA Architects, dated December 7, 2023, with addendums dated May 22, 2024, and May 27, 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 239, 241-243 and 247-255 Dundas Street East, under Part V, Section 42 of the Ontario Heritage Act, is also subject to the following conditions:

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

b. prior to the introduction of the Official Plan and Zoning By-law Amendment bills  to City Council, the owner shall 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 239, 241-243 and 247-255 Dundas Street East prepared by GBCA Architects, dated December 7, 2023, with addendums dated May 22, and  27, 2024, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the introduction of the Official Plan Amendment and Zoning By-law Amendment bills to City Council, the owner shall enter into a Heritage Easement Agreement with the City for the properties at 239, 241-243 and 247-255 Dundas Street East substantially in accordance with the plans and drawings dated December 8, 2023, revised May 28, 2024, prepared by Turner Fleischer Architects Inc. and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment prepared by GBCA Architects, dated December 7, 2023, with addendums dated May 22 and 27, 2024, subject to and in accordance with the Conservation Plan required in Part  2.b. above, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;
 

d. that prior to the issuance of any permit for all or any part of the properties at 239, 241-243 and 247-255 Dundas Street East, 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. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties 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;

2. provide an Interpretation Plan for the subject properties, 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. submit a Signage Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Planning;

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

5. 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;

e. that prior to the release of the Letter of Credit required in Part 2.d.5 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 and City staff to take all necessary actions to implement City Council's decision.