IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
778 KING STREET WEST
NOTICE OF DECISION
The
decision of City Council, among other matters, regarding the application under
the Ontario Heritage Act is as follows:
1. City Council approve:
a. the alterations of the designated property at
778 King Street West in accordance with Section 33 of the Ontario Heritage Act
to allow for the construction of a new mixed use building substantially in accordance
with plans and drawings prepared by Architects Alliance, dated May 8, 2024,
submitted with the Heritage Impact Assessment prepared by ERA Architects Inc.,
dated April 25, 2024 all 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 conditions as set out below;
and
b. the removal of heritage attributes of the
designated property at 778 King Street West in accordance with Section 34(1)1
of the Ontario Heritage Act to allow for the construction of a new mixed use
building substantially in accordance with plans and drawings prepared by
Architects Alliance, dated May 8, 2024, submitted with the Heritage Impact
Assessment prepared by ERA Architects Inc., dated April 25, 2024, all 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 conditions as set out below.
2. City Council direct that its consent to the application to
alter the designated property at 778 King Street West under Part IV, Section 33
of the Ontario Heritage Act and its consent to the demolition of heritage
attributes of the designated heritage property at 778 King Street West, under
Part IV, Section 34(1) 1 of the Ontario Heritage Act are also subject to the
following conditions:
a. that the related Zoning By-law Amendment
permitting the proposed alterations and demolition of heritage attributes has
come into full force and effect;
b. prior to issuance of an Ontario Land Tribunal
order in connection with the Zoning By-law Amendment appeal for the property at
778 King Street West, the owner shall 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 prepared by ERA
Architects Inc., dated April 25, 2024, to the satisfaction of the Senior
Manager, Heritage Planning;
c. prior to issuance of an Ontario Land Tribunal
order in connection with the Zoning By-law Amendment appeal for the property at
778 King Street West, the owner shall enter into a Heritage Easement Agreement
with the City for the property at 778 King Street West, substantially in
accordance with the plans and drawings prepared by Architects Alliance dated
May 8, 2024 and the Heritage Impact Assessment prepared by ERA Architects Inc.
dated April 25, 2024, subject to and in accordance with the Conservation Plan
required in Recommendation 2.b.to the satisfaction of the Senior Manager,
Heritage Planning, including execution and registration of such
agreement to the satisfaction of the City Solicitor;
d. Prior to the issuance of any permit for all
or any part of the property at 778 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 of the subject property
shall:
1. Provide a Heritage Lighting Plan that
describe how the exterior of the heritage properties will be sensitively
illuminated to enhance their heritage character to the satisfaction of the Senior
Manager, Heritage Planning and thereafter shall implement such a plan to the
satisfaction of the Senior Manager Heritage Planning;
2. Provide a detailed Landscape Plan for the
subject properties, satisfactory to the Senior Manager, Heritage Planning;
3. Provide an Interpretation Plan for the
subject properties, 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. Submit a Signage Plan to the satisfaction of
the Senior Manager, Heritage Planning;
5. 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., 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; and
6. 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 Plan and Interpretation plans.
e. That prior to the release of the Letter of
Credit required in Recommendation 2.d.6 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 and the required reconstruction work has been
completed in accordance with the Conservation and Interpretation Plans and that
an appropriate standard of conservation has been maintained, all to the
satisfaction of the Senior Manager, Heritage Planning; and
2. Provide replacement Heritage Easement
Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.
IF YOU WISH TO APPEAL TO THE ONTARIO LAND TRIBUNAL:
Notice of an appeal of the decision of City
Council on the application to alter the Property or the application to demolish
or remove a heritage attribute(s) on the Property may be served on the City
Clerk, Attention: Registrar Secretariat, City Clerk's Office, Toronto City
Hall, 2nd Floor West, 100 Queen Street West, Toronto, Ontario, M5H 2N2.; Email:
RegistrarCCO@toronto.ca within thirty (30) days of July 2, 2024, which is August 1, 2024.
A Notice of Appeal of the decision of City Council on the application to
alter the Property under section 33 of the Ontario Heritage Act must:
(1) set out the reasons for the objection to the decision;
(2) set out the reasons in support of the objection to the decision; and
(3) be accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in the amount of $1,100 for each appeal payable by certified cheque or money order to the Minister of Finance, Province of Ontario.
If you wish to appeal to the Ontario Land
Tribunal (OLT) or request a fee reduction for an appeal, forms are available
from the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/forms.
A Notice of Appeal of the decision of City Council on the application to
demolish or remove a heritage attribute(s) on the Property under section 34 of
the Ontario Heritage Act must:
(1) set out the reasons for the objection to the decision;
(2) set out the reasons in support of the objection to the decision; and
(3) be accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in the amount of $1,100 for each appeal payable by certified cheque or money order to the Minister of Finance, Province of Ontario.
If you wish to appeal to the Ontario Land
Tribunal (OLT) or request a fee reduction for an appeal, forms are available
from the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/forms.
Who Can File An Appeal:
Only the owner of the
Property may appeal the decision of Council of the City of Toronto to the
Ontario Land Tribunal under Part IV, Section 33 of the Ontario Heritage Act,
and only where City Council has consented to an application to alter a
property with certain terms or conditions or refuses the application to alter
a property.
Only the owner of the
Property may appeal the decision of Council of the City of Toronto to the
Ontario Land Tribunal under Part IV, Section 34.1 of the Ontario Heritage Act, and
only where City Council has consented to an application to demolish or remove a
heritage attribute(s) with certain terms or conditions or refuses the
application to demolish or remove the heritage attribute(s) of a property.
Getting Additional Information:
Further information in respect of the Decision
of Council of the City of
Toronto on the matter is available from the City of Toronto at:
https://secure.toronto.ca/council/agenda-item.do?item=2024.CC19.8
Dated at the City of Toronto on July
2, 2024.
John D. Elvidge
City Clerk