Item - 2024.TE16.13

That City Council adopt the recommendations in the report (September 13, 2024) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

1. City Council consent to the application to alter the heritage properties at 214-230 Sherbourne Street, with conditions, under Part V, Section 42 of the Ontario Heritage Act, to allow for the construction of a 46-storey (plus mechanical penthouse) mixed-use building, with such alterations to the designated properties being substantially in accordance with the plans and drawings dated January 26, 2024, revised May 15, 2024, prepared by Hariri Pontarini Architects Inc., and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated September 13, 2022, revised February 26, 2024, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the approved 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 214-230 Sherbourne Street 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:

1. 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 214-230 Sherbourne Street, prepared by ERA Architects Inc., dated September 13, 2022, revised February 26, 2024, to the satisfaction of the Senior Manager, Heritage Planning;

2. enter into a Heritage Easement Agreement with the City for the property at 230 Sherbourne Street substantially in accordance with the plans and drawings dated January 26, 2024, revised May 15, 2024, prepared by Hariri Pontarini Architects Inc., and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated September 13, 2022, revised February 26, 2024, subject to and in accordance with the Conservation Plan required in Recommendation 2.b.1 to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor.

c. that prior to the issuance of any permit for all or any part of the properties at 214-230 Sherbourne Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the Alterations and HEA - 214-230 Sherbourne Street Page 2 of 28 existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. have entered into a Heritage Easement Agreement with the City required in Condition 2.b.2 for the property at 230 Sherbourne 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 Amendment and Zoning By-law Amendment, and such Amendments 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.1 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 Heritage Lighting Plan that describes how the exterior of the heritage property at 230 Sherbourne Street 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;

5. provide an Interpretation Plan for the subject property at 230 Sherbourne 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;

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.

d. that prior to the release of the Letter of Credit required in Recommendation 2.c.6 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 Council authorizing the entering into of a Heritage Easement Agreement for the property at 230 Sherbourne 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.