Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act, Alterations to a Designated Property and Authority to Enter into a Heritage Easement Agreement - 578 King Street West

This report recommends that City Council state its intention to designate the property at 578 King Street West under Part IV, Section 29 of the Ontario Heritage Act and give authority to enter into a Heritage Easement Agreement. This report also recommends that City Council approve the alterations proposed for the property at 578 King Street West in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a nine-storey office and commercial building in connection with an appeal to the Local Planning Appeal Tribunal ("LPAT") of an application to amend the Zoning By-law. The conservation strategy proposed for the heritage property retains the primary street-facing elevation of the building with a portion of the east return wall.

3. If there are objections to the designation, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 4. 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. 5. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 578 King Street West in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 6. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into Heritage Easement Agreement for the property at 578 King Street West. 7. City Council approve the alterations to the heritage property at 578 King Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a mixed use building that includes alterations to the heritage property in conjunction with an appeal to the Local Planning Appeal Tribunal (LPAT) for the requested amendment to the Zoning By-law for the lands municipally known as 578 King Street West, with such alterations substantially in accordance with plans and drawings prepared by Audax Architecture Inc. dated August 4, 2020, and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment (HIA), dated August 4, 2020 prepared by Goldsmith Borgal & Co. Ltd. Architects, and 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 the following additional conditions: a. Prior to issuance of an LPAT order for the Zoning By-law Amendment for the lands, the owner shall: 1. Enter into a Heritage Easement Agreement with the City for the property at 578 King Street West, substantially in accordance with plans and drawings prepared by Audax Architecture Inc. dated August 4, 2020, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), dated August 4, 2020, prepared by Goldsmith Borgal & Co. Ltd. Architects, subject to and in accordance with the approved Conservation Plan required in Recommendation 7.a.2, all to the satisfaction of the Senior Manager, Heritage Planning 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 (HIA), dated August 4, 2020, prepared by Goldsmith Borgal & Co. Ltd. Architects, to the satisfaction of the Senior Manager, Heritage Planning. 3. That the owner withdraw their appeal(s) of the King-Spadina Heritage Conservation District Plan, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals, as it relates to the development site. b. Prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the Lands, or any part of the Lands, the owner shall: 1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 7.a.2 to the satisfaction of the Senior Manager, Heritage Planning. 2. 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. 3. 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 Plan to the satisfaction of the Senior Manager, Heritage Planning. 4. Provide a Signage Plan for the subject property and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. c. That prior to the issuance of any permit for all or any part of the property at 578 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 building as are acceptable to the Senior Manager, Heritage Planning, the owner 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 building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 7.a.2 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. 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 Planning to secure all work included in the approved Conservation, Interpretation and Lighting Plans. d. That prior to the release of the Letter of Credit required in Recommendation 7.c.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 and the required interpretive work has been completed in accordance with the Conservation, Interpretation and Lighting Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning. 2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.