Item - 2019.MM2.19

City Council on January 30 and 31, 2019, adopted the following:

1. City Council approve settlement offer which comprises the alterations to the designated heritage property at 663 King Street West, in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new tower and podium with alterations to the designated buildings 663 King Street West in conjunction with an appeal to the Local Planning Appeals Tribunal and subsequent mediation of the application for Zoning By-law Amendment, comprised of the plans and drawings prepared by Diamond Schmitt Architects, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated November 21, 2018, all on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following conditions:

a. prior to issuance of an Local Planning Appeals Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 663 King Street West, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 663 King Street West substantially in accordance with plans and drawings prepared by Diamond Schmitt Architects, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated November 21, 2018 or otherwise revised in accordance with a settlement offer or Local Planning Appeals Tribunal Order, subject to and in accordance with the approved Conservation Plan required in Part 1.a.2, all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor;

2. 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 for 663 King Street West, ERA Architects Inc., dated November 21, 2018 or otherwise a conservation strategy revised in accordance with a settlement offer or Local Planning Appeals Tribunal  Order, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. enter into and register on the property at 663 King Street West one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor, the Director, Urban Design, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations, including amongst other matters,  securing the preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

4. provide for the withdrawal of the appeal of the King Spadina Heritage Conservation District plan which was approved by City Council for intent to designate under Part V of the Ontario Heritage Act;  

b. prior to Final Site Plan approval in connection with the Zoning By-law Amendment appeal for the properties at 663 King Street West, the owner shall:

1. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 1.a.2 above;

2. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

4. provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services; and

5. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. prior to the issuance of any permit for all or any part of the properties at 663 King Street West, 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 Preservation Services, the owner shall:

1. obtain final approval for the necessary by-law amendments required for the alterations to the properties at 663 King Street West, such amendments to have been enacted by City Council in connection with a Local Planning Appeals Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Director, Urban Design, City Planning, in consultation with the Senior Manager, Heritage Preservation Services;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.2 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 Preservation Services;

3. 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 Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan; and

4. provide full documentation of the existing heritage properties at 663 King Street West and 60 Stewart Street, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

d. prior to the release of the Letter of Credit required in Part 1.c.3. 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, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

2. City Council state its intention to designate the property at 663 King Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 663 King Street West (Reasons for Designation) attached as Attachment 4 to the report (January 28, 2019) from the Chief Planner and Executive Director, City Planning.

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 City Council's decision on the designation of the property.

6. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 663 King Street West for the properties at 663 King Street West in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorizes the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 663 King Street West.