IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
200 UNIVERSITY AVENUE
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 to the
heritage property at 200 University Avenue in accordance with Section 33 of the
Ontario Heritage Act to allow for the construction of a 53-storey tower
with such alterations substantially in accordance with the plans and drawings
dated May 21, 2024 prepared by KPMB and the Heritage
Impact Assessment dated June 10, 2024 prepared by ERA Architects, both on
file with the Senior Manager, Heritage Planning, all subject to and in
accordance with the Conservation Plan satisfactory to the Senior Manager,
Heritage Planning and subject to conditions as set out below.
b. the demolition of the heritage
attributes of the existing building on the designated heritage property at 200
University Avenue, in accordance with Section 34(1)1 of the Ontario Heritage
Act in connection with the approval of a 53-storey tower on the subject
lands substantially in accordance with the plans and drawings dated May 21,
2024 prepared by KPMB and the Heritage Impact Assessment dated June 10, 2024
prepared by ERA Architects, both on file with the Senior Manager, Heritage
Planning, all subject to, and in accordance with, the Conservation Plan
satisfactory to the Senior Manager, Heritage Planning, and subject to
conditions as set out below.
2. City Council direct that it consents to the
application to alter the designated property at 200 University Avenue under
Part IV, Section 33 of the Ontario Heritage Act
and its consent to the demolition of attributes on the designated heritage
property at 200 University Avenue under Part IV, Section 34(1)1 of the Ontario
Heritage Act are also subject to the following conditions:
a. that the related Official Plan
Amendment and Zoning By-law Amendment requiring the proposed alterations and
proposed removal of the heritage attribute(s) has come into full force and
effect.
b. prior to issuance of any
Ontario Land Tribunal order in connection with the Official Plan Amendment and
Zoning By-law Amendment appeals for the property at 200 University Avenue, 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
and dated June 10, 2024 for the property at 200 University Avenue, to the
satisfaction of the Senior Manager, Heritage Planning.
c. prior to issuance of any
Ontario Land Tribunal order in connection with the Official Plan Amendment and
Zoning By-law Amendment appeals for the property at 200 University Avenue, the
owner shall enter into a Heritage Easement Agreement with the City for property
at 200 University Avenue, substantially in accordance with the plans and
drawings dated May 21, 2024 prepared by KPMB on file with the Senior Manager,
Heritage Planning and the Heritage Impact Assessment prepared by ERA
Architects, dated June 10, 2024 and on file with the Senior Manager, Heritage
Planning, subject to and in accordance with the approved 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 for the property at 200 University Avenue, 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. 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.
2. 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.
3. Provide a Signage 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.
4. Provide building permit
drawings, including notes and specifications for the conservation and
protective measures keyed to the approved Conservation Plans 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.
5. 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.
e. That prior to the release of
the Letter of Credit required in Recommendation 2.d.5, 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 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:
hertpb@toronto.ca within thirty (30) days of July 29, 2024, which is August 28, 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.CC20.16.
Dated at the City of Toronto on July 29, 2024.
John D. Elvidge
City Clerk