IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
1420 YONGE STREET; DEMOLITION OF
A BUILDING ON A DESIGNATED PROPERTY AT 1404 AND 1406 YONGE STREET
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 the alterations to the
heritage property at 1420 Yonge Street (including entrance addresses at 1418,
1422, 1424, 1426 and 1428 Yonge Street), in accordance with Section 33 of the
Ontario Heritage Act, to allow for the construction of a 50-storey building,
with such alterations to be substantially in accordance with architectural
drawings dated April 18, 2023, prepared by IBI Group and on file with the
Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA) for
1404-1428 Yonge Street, prepared by Goldsmith Borgal
& Company Ltd. Architects, dated February 9, 2023 and on file with the
Senior Manager, Heritage Planning, all subject to and in accordance with a
Conservation Plan which is satisfactory to the Senior Manager, Heritage
Planning and subject to the following conditions:
a. That the owner:
1. Enter into a Heritage Easement Agreement with the City for the
property at 1420 Yonge Street in accordance with the plans and drawings dated
April 18, 2023, prepared by IBI Group and on file with the Senior Manager,
Heritage Planning, the Heritage Impact Assessment for 1404-1428 Yonge Street
prepared by Goldsmith Borgal & Company Ltd.
Architects, dated February 9, 2023, and in accordance with the Conservation
Plan required in Recommendation 1.a.2, to the satisfaction of the Senior
Manager, Heritage Planning including registration of such agreement to the
satisfaction of the City Solicitor.
2.Provide a detailed Conservation Plan, prepared by a qualified heritage
consultant that is consistent with the conservation strategy set out in the
Heritage Impact Assessment for 1404-1420 Yonge Street prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 9,
2023, to the satisfaction of the Senior Manager, Heritage Planning.
b. That prior to final Site Plan approval for the properties located at
1404-1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426
and 1428 Yonge Street) the owner shall:
1. Provide final Site Plan drawings substantially in accordance with the
approved Conservation Plan required in Recommendation 1.a.2 to the satisfaction
of the Senior Manager, Heritage Planning.
2. Provide a Heritage Lighting Plan that describes how the exterior of
the heritage properties will be sensitively illuminated to enhance their
heritage features to the satisfaction of the Senior Manager, Heritage Planning
and thereafter shall implement such Plan to the satisfaction of the Senior
Manager, Heritage Planning.
3. Provide a detailed Landscape Plan for the subject property,
satisfactory to 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
for the subject property to the satisfaction of the Senior Manager, Heritage
Planning.
c. That prior to the issuance of any permit for all or any part of the
properties at 1404-1420 Yonge Street (including entrance addresses at 1418,
1422, 1424, 1426 and 1428 Yonge Street), 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 Planning, the owner shall:
1. Have entered into a Heritage
Easement Agreement with the City required in Recommendation 1.a.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 1.a.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, Heritage Lighting Plan and Interpretation Plan.
4. Provide full documentation of the existing heritage properties,
including two (2) printed sets of archival quality 8” x 10” colour photographs
with borders in a glossy or semi-gloss finish and one (1) digital set on a USB
flash drive in tiff format and 600 dpi resolution keyed to a location map,
elevations and measured drawings, and copies of all original drawings as may be
available, to the satisfaction of the Senior Manager, Heritage Planning.
d. That prior to the release of the Letter of Credit required in
Recommendation 1.c.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, Heritage Lighting 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.
2. City Council approve the request to remove
the buildings at the heritage properties at 1404 and 1406 Yonge Street under
Section 34 of the Ontario Heritage Act, to allow for the construction of a
50-storey building, with such removal to be undertaken substantially in
accordance with architectural drawings dated April 18, 2023, prepared by IBI
Group and on file with the Senior Manager, Heritage Planning and the Heritage
Impact Assessment (HIA) for 1404-1428 Yonge Street, prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 9,
2023, and on file with the Senior Manager, Heritage Planning, subject to the
following additional conditions:
a. That prior to the issuance of any permit for all or any part of the
property at 1406 Yonge Street, including a heritage permit or a building
permit, the owner shall:
1. Enter into a Heritage Easement Agreement with the City for the
properties at 1420 Yonge Street in accordance with the plans and drawings dated
April 18, 2023, prepared by IBI Group and on file with the Senior Manager,
Heritage Planning, the Heritage Impact Assessment for 1404-1428 Yonge Street
prepared by Goldsmith Borgal & Company Ltd.
Architects, dated February 9, 2023 and in accordance with the Conservation Plan
required in Recommendation 1.a.2, to the satisfaction of the Senior Manager,
Heritage Planning including registration of such agreement to the satisfaction
of the City Solicitor.
2. Provide building permit drawings for the development at 1404-1420
Yonge Street, including notes and specifications for the conservation and
protective measures keyed to the approved Conservation Plan required in
Recommendation 1.a.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, Heritage Lighting Plan and Interpretation Plan.
4. Provide full documentation of the existing heritage properties at
1404 and 1406 Yonge Street, including two (2) printed sets of archival quality
8” x 10” colour photographs with borders in a glossy or semi-gloss finish and
one (1) digital set on a flash drive 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 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 building and/or structure 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 days of July 25, 2023, which is August 24,
2023.
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; and
(2) set out the reasons in support of the objection to the decision.
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 building and/or structure 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 subject of the application under Section 34 of the Ontario Heritage
Act 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. The
appeal may only be made where City Council has consented to an application to
demolish or remove a building and/or structure on a property with certain
terms or conditions or refuses the application to demolish or remove the
building and/or structure on 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=2023.CC8.17
Dated at the City of
Toronto on July 25, 2023.
John D. Elvidge
City Clerk