Item - 2023.CC13.25

 City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council approve:

a. the alterations to the designated heritage property at 600 King Street West, in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a nine-storey (plus mechanical penthouse) mixed-use building, with such alterations substantially in accordance with the plans and drawings dated March 8, 2023 prepared by ERA Architects Inc. and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated October 16, 2023, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; and

b. the demolition of a single storey rear outbuilding of the designated heritage property at 600 King Street West, in accordance with Section 34(1) 2 of the Ontario Heritage Act to allow for the construction of a nine-storey (plus mechanical penthouse) mixed-use building substantially in accordance with the plans and drawings dated March 8, 2023 prepared by ERA Architects Inc. and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated October 16, 2023, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below.

2. City Council direct that its consent to the application to alter the designated property at 600 King Street West under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of a building, being the single storey rear outbuilding of the designated heritage property at 600 King Street West, under Part IV, Section 34(1) 2 of the Ontario Heritage Act are also subject to the following conditions:

a. that the related site-specific Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning; and

b. that prior to the introduction of the bills for such Zoning By-law Amendment by City Council, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at 600 King Street West substantially in accordance with the plans and drawings dated March 8, 2023 prepared by ERA Architects Inc. and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated October 16, 2023, subject to and in accordance with the Conservation Plan required in Recommendation 2.b.2, 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 for the property at 600 King Street West prepared by ERA Architects Inc., dated October 16, 2023, to the satisfaction of the Senior Manager, Heritage Planning.

3. 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, or advise the City Solicitor, in writing, that they shall not object to the King-Spadina Heritage Conservation District Plan and only maintain a monitoring brief of the hearing on the merits.

c. that prior to Site Plan approval for the proposed Zoning By-law Amendment for the property located at 600 King Street West, the subject owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 2.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

2. pave 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.

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 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.

5. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning.

d. that prior to the issuance of any permit for all or any part of the property at 600 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 entered into a Heritage Easement Agreement with the City required in Recommendation 2.b.1.

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.b.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 upward 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 Plan and Interpretation Plan.

e. 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 and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan 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.

3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 600 King Street West in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 600 King Street West.