Item - 2014.PB33.2

The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1.         City Council approve the alterations to the property at 489 King Street West, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a twelve storey building on and adjacent to the heritage property in accordance with the plans and drawings prepared by Sweeny & Co. Architects Inc. dated June 13, 2014 and the Heritage Impact Assessment (HIA) prepared by ERA Architects Inc. dated June 20, 2014, both on file with the Manager, Heritage Preservation Services, and subject to the following conditions:

a.         Prior to the introduction of the bills for such Zoning By-law Amendment by City Council the owner shall:

i.          Enter into a Heritage Easement Agreement for the property at 489 King Street West substantially in accordance with the plans and drawings prepared by Sweeny & Co. Architects Inc. dated June 13, 2014 and the Heritage Impact Assessment (HIA) prepared by ERA Architects Inc. dated June 20, 2014, and subject to and in accordance with the herein required Conservation Plan, all to the satisfaction of the Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor.

ii.         Provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the property at 489 King Street West prepared by ERA Architects, dated June 20, 2014, to the satisfaction of the Manager, Heritage Preservation Services.

b.         Prior to the issuance of Final Site Plan Approval, the owner shall:

i.          Complete all heritage-related pre-approval conditions contained in a Notice of Approval Conditions for Site Plan Control to the satisfaction of the Manager, Heritage Preservation Services.

ii.         Provide Final Site Plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Manager, Heritage Preservation Services.

c.         Prior to the issuance of Final Site Plan Approval, the related Zoning By-law amendments giving rise to the proposed alterations shall be in full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Manager, Heritage Preservation Services.

d.         Prior to the issuance of a Heritage Permit, the owner shall:

i.          Provide full building permit drawings, including notes and specifications for the protective measures keyed to the approved Conservation Plan, including a description of materials and finishes, to be prepared by the project architect and heritage consultant to the satisfaction of the Manager, Heritage Preservation Services.

ii.         Provide a Letter of Credit, indexed annually, in a form and amount satisfactory to the Manager, Heritage Preservation Services, to secure all work included in the Conservation Plan.

e.         Prior to the release of the Letter of Credit, the owner shall:

i.          Provide a letter of substantial completion prepared and signed by the heritage consultant confirming that the conservation work has been completed in accordance with the Conservation Plan and has maintained an appropriate standard of conservation, to the satisfaction of the Manager, Heritage Preservation Services.

ii.         Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Manager, Heritage Preservation Services.

2.         City Council state its intention to designate the property at 489 King Street West (the Hart Building) under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 489 King Street West (Reasons for Designation) attached as Attachment No. 9 to the report, dated June 20, 2014, from the Director, Urban Design, City Planning Division.

3.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

4.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

6.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 489 King Street West.

7.         City Council authorize the City Solicitor to introduce the necessary bills in Council authorizing the entering into of the Heritage Easement Agreement.