Item - 2024.TE14.17

That City Council adopt the following recommendations in the report (May 21, 2024) from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning:

1. City Council consent to the application to alter the designated property at 309 Cherry Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act to allow for the redevelopment of the designated heritage property being substantially in accordance with the plans and drawings dated May 15, 2024 prepared by SvN Architects + Planners and the Heritage Impact Assessment (HIA) dated May 15, 2024 prepared by ERA Architects, both 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 property at 309 Cherry Street under Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions:

a. that the related Zoning By-law Amendment requiring the proposed alterations has come into full force and effect;

b. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 309 Cherry Street, the owner shall 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 dated May 15, 2024 prepared by ERA Architects for the property at 309 Cherry Street, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 309 Cherry Street, the owner shall enter into a Heritage Easement Agreement with the City for the property at 309 Cherry Street,  substantially in accordance with the plans and drawings dated May 15, 2024 prepared by SvN Architects + Planners and the Heritage Impact Assessment (HIA) dated May 15, 2024 prepared by ERA Architects and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Recommendation 2.b, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

d. prior to the issuance of any permit for all or any part for the property at 309 Cherry 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 buildings 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 buildings will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning;

2. provide an Interpretation Plan for the subject property, 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 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 Recommendation 2.b., 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; and

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; and

e. That prior to the release of the Letter of Credit required in Recommendation 2.d.5, 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 approved Conservation and Interpretation Plans 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 Council authorizing the entering into of a Heritage Easement Agreement for the property at 309 Cherry Street.

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

That the item be forwarded to City Council without recommendation.