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Toronto Preservation Board · 2019-03-26 · 2019.PB4.1

The filed record

Alterations to Heritage Properties, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement - 482 and 488 Wellington Street West

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The decision

2019-03-26 · Toronto Preservation Board · forwarded without recommendation

As filed

The Toronto Preservation Board submits the Item without recommendation as the motion to adopt lost.

On the agenda

As the city filed it

This report recommends that City Council approve the proposed alterations for the heritage properties at 482 and 488 Wellington Street West, in connection with the proposed redevelopment of the site and per the settlement offer submitted to the City by Davies Howe Land Development Advocacy and Litigation on March 20, 2019, in conjunction with an appeal to the Local Planning Appeals Tribunal ("LPAT") of the application for Zoning By-law Amendment.

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This report also recommends that City Council state its intention to designate both 482 and 488 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act and give authority to enter into a Heritage Easement Agreement for these properties. As part of the project scope, the existing properties at both 482 and 488 Wellington Street West will be conserved and incorporated into the redevelopment. The new development, proposing office and ground related retail uses, will be stepped back 10.5 metres from the front façade of the heritage properties at the roof level. The conservation strategy would not significantly impact the building's three dimensional form as viewed from the public realm, and the front and side street facing façades would be retained and restored to a depth of 10.5 metres. On the western portion of the development site, the heritage property at 488 Wellington Street West, will have the floors replaced with new construction aligned with both the existing window openings and the floor levels of the new building. To the east, the floors at 482 Wellington Street West will be removed to provide for an open five-storey atrium. The sixth storey 1990s roof addition, visible from the street, will also be removed. A new heavy timber frame retention structure will be provided within the new atrium to reference former floor levels and to reflect the original timber structural system. Should the alterations to the subject property be approved, staff recommend that the property owner be required to enter into a Heritage Easement Agreement to ensure the long-term protection of the heritage properties.

Staff recommended

The Senior Manager, Heritage Preservation Services, City Planning recommends that: should City Council decide to accept the settlement offer for the Zoning By-law Amendments dated March 20, 2019, it is recommended that City Council take the following actions to secure the following matters: 1. City Council approve the settlement offer which comprises the alterations to the designated heritage properties at 482 and 488

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Wellington Street West, in accordance with Section 33 of the Ontario Heritage Act, for the construction of a new 14-storey office building and podium with alterations to the designated buildings at 482 and 488 Wellington Street West in conjunction with an appeal to the Local Planning Appeals Tribunal ("LPAT") and in accordance with the settlement offer from the Applicant comprised of the plans and drawings prepared by Architects Alliance, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated March 6, 2019, 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 LPAT Order in connection with the Zoning By-law Amendment appeal for the properties at 482 and 488 Wellington Street West, the owner shall: 1. Enter into a Heritage Easement Agreement with the City for the properties at 482 and 488 Wellington Street West substantially in accordance with plans and drawings prepared by Architects Alliance, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated March 6, 2019, subject to and in accordance with the approved Conservation Plan required in Recommendation 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 482 and 488 Wellington Street West, prepared by ERA Architects Inc. dated March 6, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services. 3. Enter into and register on the properties at 482 and 488 Wellington 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 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. 4. Provide for the withdrawal of the appeal of the King Spadina Heritage Conservation District plan which was approved by 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 482 and 488 Wellington Street West, the owner shall: 1. Provide final site plan drawings including drawings related to the approved Conservation Plan required in Recommendation 1.a.2 to the satisfaction of the Senior Manager, Heritage Preservation Services. 2. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Amendment to have come into full force and effect. 3. 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. 4. 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. 5. Provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services. 6. Submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services. c. That prior to the issuance of any permit for all or any part of the properties at 482 and 488 Wellington 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. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Amendment to have come into full force and effect. 2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 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. 4. Provide full documentation of the existing heritage properties at 482 and 488 Wellington Street West, 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. d. That prior to the release of the Letter of Credit required in Recommendation 1.d.3. 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. 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 482 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 482 Wellington Street West (Reasons for Designation) attached as Attachment 4 to the report March 22, 2019 from the Senior Manager, Heritage Preservation Services. 3. City Council state its intention to designate the property at 488 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 488 Wellington Street West (Reasons for Designation) attached as Attachment 5 to the report dated March 22, 2019 from the Senior Manager, Heritage Preservation Services. 4. If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bill in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act. 5. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 6. If the designations are 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 properties. 7. City Council authorize the entering into of a Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 474 - 488 Wellington Street for the properties at 482 and 488 Wellington Street West in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 8. City Council authorizes the City Solicitor to introduce the necessary bill in Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 482 and 488 Wellington Street West.

    On the record

    The item as the City filed it

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