Item - 2025.CC30.12

City Council on May 21 and 22, 2025, adopted the following:

1. City Council consent to the application to alter the designated heritage property at 68 Wellesley Street East 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 BDP Quadrangle, dated March 3, 2025 submitted with the Heritage Impact Assessment and addendum prepared by ERA Architects Inc., dated January 23, 2024 and March 4, 2025, 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 it consents to the application to alter the heritage property at 68 Wellesley Street East under Part IV, Section 33 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 Official Plan and Zoning By-law Amendment appeals for the property at 68 Wellesley Street East, the owner shall:

1. 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 and addendum for 68 Wellesley Street East, prepared by ERA Architects Inc., dated January 23, 2024 and March 4, 2025 and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

2. enter into a Heritage Easement Agreement with the City for the property at 68 Wellesley Street East in accordance with the plans and drawings prepared by BDP Quadrangle, dated March 3, 2025 submitted with the Heritage Impact Assessment and addendum prepared by ERA Architects Inc., dated January 23, 2024 and March 4, 2025, and in accordance with the Conservation Plan required in Part 2.a.1. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor.

b. prior to the issuance of any permit for all or any part of the property at 68 Wellesley 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 of the subject property shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

2. provide a Heritage Lighting Plan that describes how the exterior of 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 a plan to the satisfaction of the Senior Manager, Heritage Planning;

3. 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;

4. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

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

c. that prior to the release of the Letter of Credit required in Part 2.b.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 required interpretive work has been completed in accordance with the 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 68 Wellesley Street East.

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