Item - 2019.TE6.6

The Toronto and East York Community Council recommends that:  

1. City Council approve the demolition of the designated heritage building at 327 (333) King Street West in accordance with Section 34 of the Ontario Heritage Act, as part of a revised conservation strategy for the site which includes 321-325 King Street West and arising from an amendment to a City Council-approved Ontario Municipal Board settlement (Case No. PL110554), with such alterations substantially in accordance with plans and drawings dated November 27, 2018, prepared by IBI Group Architects and the Heritage Impact Assessment dated January 11, 2019 prepared by Philip Goldsmith Architect, both 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 additional conditions:  

a. That prior to issuance of a Local Planning Appeals Tribunal Order in connection with the Zoning By-law Amendment appeal, 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 for 321-327 (333) King Street West, prepared by Philip Goldsmith Architect dated January 11, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. Register an amending Heritage Easement Agreement which removes reference to the property at 327 (333) King Street West, updates the current Schedule B photographs and Reasons for Identification and references the plans and drawings dated November 27, 2018, prepared by IBI Group Architects and the Heritage Impact Assessment dated January 11, 2019 prepared by Philip Goldsmith Architect, and the Conservation Plan required in Recommendation 1.a.1 above, all on file with the Senior Manager, Heritage Preservation Services;

3. Enter into and register on the properties at 321-325 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 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 321-327 (333) King 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 above to the satisfaction of the Senior Manager, Heritage Preservation Services.

2. Provide an Interpretation Plan for the properties at 321-325 King Street West and a Commemoration Plan for 327 (333) King Street West to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plans to the satisfaction of the Senior Manager, Heritage Preservation Services.

3. Provide a Heritage Lighting Plan that describes how the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services, and thereafter shall implement such Plans to the satisfaction of the Senior Manager, Heritage Preservation Services.

4. 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 321-327 (333) King Street West, including a heritage permit, a building permit or a demolition 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 321-327 (333) King Street West, such amendments to have been enacted by City Council in connection with the Local Planning Appeal 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 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.

d. That prior to the release of the Letter of Credit required in Recommendation 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 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 Repeal By-law No. 500-2015 under Section 32 of the Ontario Heritage Act.

3. City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement registered on the properties at 321-327 (333) King Street West as Instrument No. AT3637619 on July 18, 2014.

4. City Council authorize the City Solicitor to introduce any necessary bill in Council to amend the Heritage Easement Agreement.

This report recommends that City Council approve the demolition of the designated heritage building on the property at 327 (333) King Street West in connection with a revised Local Planning Advisory Tribunal settlement proposal on a zoning by-law amendment appeal for the properties at 321-327 (333) King Street West; repeal the designation by-law on the property at 327 (333) King Street West and give authority to amend the Heritage Easement Agreement on the properties at 321-327 (333) King Street West. New information on the condition of the building at 327 (333) King Street West supports its demolition and the construction of a replacement building on the property.

This report recommends that City Council approve the demolition of the designated heritage building on the property at 327 (333) King Street West in connection with a revised Local Planning Advisory Tribunal settlement proposal on a zoning by-law amendment appeal for the properties at 321-327 (333) King Street West; repeal the designation by-law on the property at 327 (333) King Street West and give authority to amend the Heritage Easement Agreement on the properties at 321-327 (333) King Street West. New information on the condition of the building at 327 (333) King Street West supports its demolition and the construction of a replacement building on the property.

Background Information
(April 8, 2019) Report and Attachments 1-5 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - Demolition of a Heritage Building and Repeal of By-law 500-2015 for 327 (333) King Street West and Authority to Amend the Heritage Easement Agreement for 321- 327 (333) King Street West
(http://www.toronto.ca/legdocs/mmis/2019/pb/bgrd/backgroundfile-132125.pdf)

Speakers
Stephen Armstrong, Empire Communities