IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
263 ADELAIDE 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 consent to:
a. the application to alter the designated property at 263 Adelaide
Street West, with conditions, under Part IV, Section 33 of the Ontario Heritage
Act to allow for the construction of a new mixed use building with the
alterations to the designated heritage property being substantially in
accordance with the plans and drawings dated May 9, 2017, prepared by
Quadrangle Architects Limited, on file with the Senior Manager, Heritage
Planning and the Heritage Impact Assessment prepared by ERA Architects Inc.
dated July 28, 2017 and on file with the Senior Manager, Heritage Planning, all
subject to and in accordance with the Conservation Plan prepared by ERA
Architects Inc. dated April 17, 2024 and on file with the Senior Manager,
Heritage Planning; and
b. the application to remove some of the heritage attributes of the
designated property at 263 Adelaide Street West, with conditions, under Part
IV, Section 34(1)1 of the Ontario Heritage Act to allow for the construction of
a new mixed use building with the removal of the specified heritage attributes
on the designated heritage property being substantially in accordance with the
plans and drawings dated May 9, 2017, prepared by Quadrangle Architects
Limited, on file with the Senior Manager, Heritage Planning and the Heritage
Impact Assessment prepared by ERA Architects Inc. dated July 28, 2017 and on
file with the Senior Manager, Heritage Planning, all subject to and in
accordance with the Conservation Plan prepared by ERA Architects Inc. dated
April 17, 2024 and on file with the Senior Manager, Heritage Planning.
2. City Council direct that its consent to the
application to alter the designated property at 263 Adelaide Street West under
Part IV, Section 33 of the Ontario Heritage Act and that its consent to the
application to remove the heritage attributes of the designated property at 263
Adelaide Street West under Part IV, Section 34(1)1 of the Ontario Heritage Act
are also subject to the following conditions:
a. That prior to the issuance of any permit for all or any part of the
property at 263 Adelaide 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. Amend the existing Heritage Easement Agreement with the City for the
property at 263 Adelaide Street West substantially in accordance with the plans
and drawings dated May 9, 2017, prepared by Quadrangle Architects Limited, on
file with the Senior Manager, Heritage Planning and the Heritage Impact
Assessment prepared by ERA Architects Inc. dated July 28, 2017 and on file with
the Senior Manager, Heritage Planning, all subject to and in accordance with
the Conservation Plan prepared by ERA Architects Inc. dated April 17, 2024 and
on file with the Senior Manager, Heritage Planning, to the satisfaction of the
Senior Manager, Heritage Planning, including execution of such agreement to the
satisfaction of the City Solicitor.
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. Implement an Interpretation Plan for the subject property that is
substantially in accordance with the Heritage Interpretation Plan by ERA
Architects Inc. dated July 28, 2017 and re-issued on
December 12, 2020, 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 prepared by ERA Architects Inc. dated April 17, 2024
and on file with the Senior Manager, Heritage Planning, 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.
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 Plan.
b. That prior to the release of the Letter of Credit required in
Recommendation 2.a.6, 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 have been completed in accordance with the
approved Conservation 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.
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.TE14.14
Dated at the City of Toronto on July 2, 2024.
John D. Elvidge
City Clerk