Item - 2023.PB12.6

The Toronto Preservation Board recommends that:

1. City Council approve the alterations to the heritage property at 69 Yonge Street and 3 King Street East, in accordance with Part IV, Section 33 of the Ontario Heritage Act, to allow for the construction of a new 21-storey tower on the lands known municipally as 69 Yonge Street and 3 King Street East, with such alterations substantially in accordance with plans and drawings dated July 11, 2023, prepared by ERA and Partisans, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment (HIA), dated October 26, 2023, prepared by ERA Architects Inc., all on file with the Senior Manager, Heritage Planning, and 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. That the related 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;

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  69 Yonge Street and 3 King Street East substantially in accordance with the plans and drawings dated July 11, 2023, prepared by ERA and Partisans, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment (HIA), dated October 26, 2023, prepared by ERA Architects Inc., all on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 1.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 properties at 69 Yonge Street and 3 King Street East, to the satisfaction of the Senior Manager, Heritage Planning.

c. That prior to final Site Plan approval for the proposal, for the property located at 69 Yonge Street and 3 King Street East the owners shall:

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

2. Provide a Heritage Lighting Plan that describe 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 a plan to the satisfaction of the Senior Manager Heritage Planning.

3. 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.

d. That prior to the issuance of any permit for the work described in the Site Plan application, 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 of Toronto required in Recommendation 1.b.1 for property at 69 Yonge Street and 3 King Street East, including registration on title of such agreement, to the satisfaction of the City Solicitor.

2. Have provided a detailed Conservation Plan required in Recommendation 1.b.2.

3. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plans required in Recommendation 1.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.

4. 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, Lighting and Interpretation plans.

e. That prior to the release of the Letter of Credit required in Recommendation 1.d.4, 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, Lighting and Interpretation 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.

3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 69 Yonge Street and 3 King Street East 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 69 Yonge Street and 3 King Street East.

Georgia Kuich, Planner, Urban Design, Heritage Planning, City Planning gave a presentation on 69 Yonge Street And 3 King Street East - Alterations to a Designated Heritage Property and Authority to Enter into a Heritage Easement Agreement.

This report recommends that City Council approve the alterations proposed for the heritage property at 69 Yonge Street and 3 King Street East which is designated under Part IV of the Ontario Heritage Act.

The subject designated heritage property is located on the south-east corner of Yonge Street and King Street East and contains a 15-storey building known as the Canadian Pacific Railway Building constructed in 1911-13 to the design of Darling & Pearson.

The proposed development has been submitted in connection with applications for amendments to the Official Plan and Zoning By-law and Site Plan Approval and involves the construction of a 21-storey residential tower that will partially enclose the existing building's south and east elevations.  A new six-storey addition including a mechanical penthouse atop the heritage resource is also proposed.

The proposed development is consistent with the existing policy framework and proposes an overall conservation strategy that conserves the entirety of the significant heritage resource.