IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
835-839 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:
a. the alterations to the designated heritage properties at 835-839
Yonge Street with conditions, under Part IV, Section 33 of the Ontario Heritage Act, to allow for the
construction of the a mixed-use building with two towers of 41 and 49 storeys,
with such alterations to the designated heritage properties being substantially
in accordance with the Heritage Impact Assessment prepared by ERA Architects
Inc., dated August 15, 2022, as revised on May 22nd 2026, and 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 specified heritage attributes of the designated
heritage properties at 835-839 Yonge Street with conditions, under Part IV,
Section 34(1)1 of the Ontario Heritage
Act, to allow for the construction of a mixed-use building with two towers of 41 and 49
storeys, with such alterations to the designated heritage properties being
substantially in accordance with the Heritage Impact Assessment prepared by ERA
Architects Inc., dated August 15, 2022 as revised on May 22nd 2026, and 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 its consent to the
application to alter the designated heritage properties at 835-839 Yonge Street
under Part IV, Section 33 of the Ontario Heritage, and its consent to the
demolition of specified heritage attributes at the designated heritage
properties at 835-839 Yonge Street under Part IV, Section 34(1)1 of the Ontario
Heritage Act are also subject to the following conditions:
a. that the related site-specific Zoning By-law Amendment has come into
full force and effect;
b. 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 Inc., dated August 15, 2022, as revised on May 22, 2026, to the
satisfaction of the Senior Manager, Heritage Planning.
c. the owner shall enter into a Heritage Easement Agreement with the
City for the properties at 835-839 Yonge Street, in accordance with the
Heritage Impact Assessment prepared by ERA Architects Inc., dated August 15,
2022, as revised on May 22, 2026, 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
properties at 835-839 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. have entered into a Heritage Easement Agreement with the City
required in Recommendation 2.c above.
2. Provide a Heritage Lighting Plan that describe how the exterior of
the heritage properties will be sensitively illuminated to enhance their
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. Provide an Interpretation Plan for the subject properties, 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. Submit a Signage Plan to the satisfaction of the Senior Manager,
Heritage Planning.
5. Provide a detailed Landscape Plan for the subject properties,
satisfactory to the Senior Manager, Heritage Planning.
6. 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.
7. 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.7, 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:
RegistrarCCO@toronto.ca within thirty (30) days of August 11, 2026, which is September 10, 2026.
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.
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=2026.CC43.33.
Dated at the City of Toronto on August 11, 2026.
for John D. Elvidge
City Clerk