IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
80-86 LYNN WILLIAMS 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:
a. the alterations to the
heritage property at 80-86 Lynn Williams Street in accordance with Section 33
of the Ontario Heritage Act to allow for the construction of a 44-storey
tower with such alterations substantially in accordance with the plans and
drawings dated July 30, 2024 prepared by gh3 and the
Heritage Impact Assessment dated July 26, 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 80-86
Lynn Williams Street, in accordance with Section 34(1)1 of the Ontario
Heritage Act in connection with the approval of a 44-storey tower on the
subject lands substantially in accordance with the plans and drawings dated July
30, 2024 prepared by gh3 and the Heritage Impact Assessment dated July 26, 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 80-86 Lynn Williams Street
under Part IV, Section 33 of the Ontario Heritage Act and its consent to
the demolition of attributes on the designated heritage property at 80-86 Lynn
Williams Street under Part IV, Section 34(1)1 of the Ontario Heritage Act
are also subject to the following conditions:
a. that the related 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 Zoning By-law Amendment
appeal for the property at 70-86 Lynn Williams Street, 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 dated July 26, 2024, for
the property at 80-86 Lynn Williams Street, to the satisfaction of the Senior
Manager, Heritage Planning;
c. prior to issuance of any
Ontario Land Tribunal order in connection with the Zoning By-law Amendment
appeal for the entire property at 70-86 Lynn Williams Street, the owner shall
enter into a Heritage Easement Agreement with the City for the property at 80-86
Lynn Williams Street, substantially in accordance with the plans and drawings
dated July 30, 2024 prepared by gh3 on file with the Senior Manager, Heritage
Planning and the Heritage Impact Assessment prepared by ERA Architects dated
July 26, 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 of the property at 80-86 Lynn Williams 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
building as are acceptable to the Senior Manager, Heritage Planning, the owner
shall:
1. Provide a Heritage Lighting
Plan that describes 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. Submit a Signage 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; and
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.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 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;
and
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 September
9, 2024, which is October 9, 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.
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.CC21.2.
Dated at the City of Toronto on September
9, 2024.
John D. Elvidge
City Clerk