In the Matter
of the Ontario Heritage Act
R.S.O. 1990,
Chapter 0.18 and
City of
Toronto, Province of Ontario
33 Avenue Road
Notice
of Decision
Take notice that the Council
of the City of Toronto on February 26, 2019, having considered an application to alter a structure
designated under Part IV of the Ontario Heritage Act for 33 Avenue Road, decided among other things, to
1. Approve the
alterations to the heritage property at 33 Avenue Road in accordance with
Section 33 of the Ontario Heritage Act, to allow for the construction of a
mixed use development on the lands municipally known as 33 - 45 Avenue Road and
140 - 148 Yorkville Avenue, with such alterations substantially in accordance
with plans and drawings dated January 9, 2017, prepared by Richmond Architects
and Zeidler Partnership Architects, and on file with
the Senior Manager, Heritage Preservation Services; and the Heritage Impact
Assessment, final revision issued on June 27, 2018, and the Conservation Plan,
issued on August 16, 2017, prepared by ERA Architects Inc. and on file
with the Senior Manager, Heritage Preservation Services, subject to the
following additional conditions:
a. related
Site Specific Zoning By-Law Amendment giving rise to the proposed alterations
shall be in 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 Preservation
Services;
b. prior to
any Local Planning Appeal Tribunal Order issuing in connection with the appeal
of the Zoning By-law Amendment Application (Case number PL150988) that the
applicant:
1. enter into
a Heritage Easement Agreement with the City for the property at 33 Avenue Road
substantially in accordance with plans and drawings prepared by Richmond
Architects and Zeidler Partnership Architects,
submitted with the Heritage Impact Assessment prepared by ERA Architects, Inc.,
dated June 27, 2018 or otherwise revised in accordance with a settlement offer or
Local Planning Appeal Tribunal Order, subject to and in accordance with the
approved Conservation Plan required in Part 1.b.2 below, all to the
satisfaction of the Senior Manager, Heritage Preservation Services, 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 33 Avenue Road, dated June 27, 2018 and the
Conservation Plan, issued on August 16, 2017, prepared by ERA Architects, Inc.,
or otherwise a conservation strategy revised in accordance with a settlement
offer or Local Planning Appeal Tribunal Order, all to the satisfaction of the
Senior Manager, Heritage Preservation Services.
3. enter into
and register on the property at 33 Avenue Road one or more agreements with the
City pursuant to Section 37 of the Planning Act, all to the satisfaction of the
City Solicitor, the Chief Planner and Executive Director, City Planning 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.
c. prior to Final
Site Plan approval in connection with the Zoning By-law Amendment appeal for
the property at 33 Avenue Road, the owner shall:
1. provide final site plan drawings including drawings related
to the approved Conservation Plan required in Part 1.b.2 above to the
satisfaction of the Senior Manager, Heritage Preservation Services.
2. provide an Interpretation Plan for the subject properties,
to the satisfaction of the Senior Manager, Heritage Preservation Services and
thereafter shall implement such Plan to the satisfaction of the Senior Manager,
Heritage Preservation Services.
3. provide a Heritage Lighting Plan that describes how the
heritage property will be sensitively illuminated to enhance its heritage
character to the satisfaction of the Senior Manager, Heritage Preservation
Services and thereafter shall implement such Plan to the satisfaction of the
Senior Manager, Heritage Preservation Services.
4. provide a detailed Landscape Plan for the subject property
satisfactory to the Senior Manager, Heritage Preservation Services.
5. submit a Signage Plan for the proposed development to the
satisfaction of the Senior Manager, Heritage Preservation Services.
d. prior
to the issuance of any permit for all or any part of the property at 33 Avenue
Road, including a heritage permit or a building 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 property at 33 Avenue Road, such amendments to have been enacted by City
Council in connection with a 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 Part 1.b.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.
4. provide
full documentation of the existing heritage property at 33 Avenue Road,
including two printed sets of archival quality 8” x 10” colour
photographs with borders in a glossy or semi-gloss finish and one digital set
on a CD in tiff format and 600 dpi resolution keyed to a location map,
elevations and measured drawings, and copies of all existing interior floor
plans and original drawings as may be available, to the satisfaction of the
Senior Manager, Heritage Preservation Services.
e. prior to the
release of the Letter of Credit required in Part 1.d.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, Landscape 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.
Appeal to the
Conservation Review Board:
The Ontario Heritage Act states that where a Council consents to an application
to alter a designated property with certain terms or conditions, or refuses the
application, the owner may, within thirty days after receipt of this notice,
apply to the Council for a hearing before the Conservation Review Board.
The owner may request a hearing
before the Conservation Review Board in this matter, by writing to the City
Clerk: Attention Ellen Devlin,
Administrator, Toronto and East York Community Council, Toronto City Hall, 100
Queen Street West, 2nd floor, West, Toronto, Ontario, M5H 2N2, by 4.30 p.m. on
or before May 1, 2019.
Dated at Toronto this 1st
day of April, 2019.
Ulli S. Watkiss
City Clerk