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Toronto City Council · 2024-05-22 · 2024.CC18.19

The filed record

639, 641, 645, 649 and 651 Yonge Street - Alterations to and Demolition of Attributes on Designated Heritage Properties Under Part IV, Sections 33 and 34 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement

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The decision

2024-05-22 · Toronto City Council · adopted

As filed

City Council on May 22 and 23, 2024, adopted the following: 1. City Council approve: a. the alterations to the heritage properties at 639, 641, 645, 649 and 651 Yonge Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 76-storey plus mechanical tower with such alterations substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., 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; and b.

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the demolition of the heritage attributes of the existing buildings on the designated heritage properties at 639 and 651 Yonge Street, in accordance with Section 34 of the Ontario Heritage Act in connection with the approval of a 76-storey plus mechanical tower on the subject lands substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., 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 properties at 639, 641, 645, 649 and 651 Yonge Street under Part IV, Section 33 of the Ontario Heritage Act and to the demolition of attributes on the designated heritage properties at 639 and 651 Yonge Street, under Part IV, Section 34 of the Ontario Heritage Act are also subject to conditions as set out below: a. that prior to the introduction of the bills for such Zoning By-law Amendment by City Council, the owner shall: 1. enter into a Heritage Easement Agreement with the City for the properties at 639, 641, 645, 649 and 651 Yonge Street substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., subject to and in accordance with the Conservation Plan required in Part 2.a.2 below, to the satisfaction of the Senior Manager, Heritage Planning, including execution 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 dated September 29, 2023, prepared by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning; and 3. withdraw their appeal(s) of the Historic Yonge Street Heritage Conservation District Plan as it relates to 639, 641, 645, 649 and 651 Yonge Street, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals, or advise the City Solicitor, in writing, that they shall not object to the Historic Yonge Street Heritage Conservation District Plan and only maintain a monitoring brief of the hearing on the merits; b. that prior to Site Plan approval for the property 639, 641, 645, 649 and 651 Yonge Street, the owner shall: 1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 2.a.2 above to the satisfaction of the Senior Manager, Heritage Planning; 2. provide a Heritage Lighting Plan that describes how the exterior of the properties located at 639, 641, 645, 649 and 651 Yonge Street will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and 3. provide an Interpretation Plan for the properties located at 639, 641, 645, 649 and 651 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan 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 639, 641, 645, 649 and 651 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 building, as are acceptable to the Senior Manager, Heritage Planning, the owner of the subject property shall: 1. have entered into a Heritage Easement Agreement with the City required in Part 2.a.1 above for the properties at 639, 641, 645, 649 and 651 Yonge Street including registration on title of such agreement, to the satisfaction of the City Solicitor; 2. have obtained final approval for the necessary Zoning By-law Amendment, and such Amendments to have come into full force and effect; 3. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.2 above, 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 4. 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; d. that prior to the release of the Letter of Credit required in Part 2.c.4 above, 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 and Interpretation Plan 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. 3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the properties at 639, 641, 645, 649 and 651 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 639, 641, 645, 649 and 651 Yonge Street.

On the agenda

As the city filed it

This report recommends that City Council approve the alterations and demolition of attributes proposed for the heritage properties at 639 Yonge Street (including entrance addresses 2 and 4 Isabella Street), 641 Yonge Street (including entrance address 63 Yonge Street), 645 Yonge Street, 649 Yonge Street (including entrance addresses 647 Yonge Street and 12A Isabella Street) and 651 Yonge Street in connection with the development of the site.

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The proposal involves the construction of a new 76-storey residential tower plus mechanical penthouse and commercial and community cultural uses at grade. The proposal includes conservation of the street-facing elevations of the buildings on the subject heritage properties and the demolition of the interiors to create an interior atrium space. The street-facing elevations will continue to provide active entrances into the new atrium space. The proposed alterations conserve the heritage attributes of the properties, and the impact of the new development is sufficiently mitigated to be consistent with the existing policy framework.

Staff recommended

The Interim Chief Planner and Executive Director, City Planning recommends that: 1. City Council approve: a. the alterations to the heritage properties at 639, 641, 645, 649 and 651 Yonge Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 76-storey plus mechanical tower with such alterations substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., 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; and b.

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the demolition of the heritage attributes of the existing buildings on the designated heritage properties at 639 and 651 Yonge Street, in accordance with Section 34 of the Ontario Heritage Act in connection with the approval of a 76-storey plus mechanical tower on the subject lands substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., 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 properties at 639, 641, 645, 649 and 651 Yonge Street under Part IV, Section 33 of the Ontario Heritage Act and to the demolition of attributes on the designated heritage properties at 639 and 651 Yonge Street, under Part IV, Section 34 of the Ontario Heritage Act are also subject to conditions as set out below: a. that prior to the introduction of the bills for such Zoning By-law Amendment by City Council, the owner shall: 1. enter into a Heritage Easement Agreement with the City for the properties at 639, 641, 645, 649 and 651 Yonge Street substantially in accordance with the plans and drawings dated January 25, 2024, prepared by AS + GG Canada Partnership and the Heritage Impact Assessment dated September 29, 2023, prepared by ERA Architects Inc., subject to and in accordance with the Conservation Plan required in Recommendation 2.a.2 below, to the satisfaction of the Senior Manager, Heritage Planning, including execution 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 dated September 29, 2023, prepared by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning; and 3. withdraw their appeal(s) of the Historic Yonge Street Heritage Conservation District Plan as it relates to 639, 641, 645, 649 and 651 Yonge Street, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals, or advise the City Solicitor, in writing, that they shall not object to the Historic Yonge Street Heritage Conservation District Plan and only maintain a monitoring brief of the hearing on the merits; b. that prior to Site Plan approval for the property 639, 641, 645, 649 and 651 Yonge Street, the owner shall: 1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 2.a.2 to the satisfaction of the Senior Manager, Heritage Planning; 2. provide a Heritage Lighting Plan that describes how the exterior of the properties located at 639, 641, 645, 649 and 651 Yonge Street will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and 3. provide an Interpretation Plan for the properties located at 639, 641, 645, 649 and 651 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan 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 639, 641, 645, 649 and 651 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 building, as are acceptable to the Senior Manager, Heritage Planning, the owner of the subject property shall: 1. have entered into a Heritage Easement Agreement with the City required in Recommendation 2.a.1 for the properties at 639, 641, 645, 649 and 651 Yonge Street including registration on title of such agreement, to the satisfaction of the City Solicitor; 2. have obtained final approval for the necessary Zoning By-law Amendment, and such Amendments to have come into full force and effect; 3. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.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; and 4. 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; d. that prior to the release of the Letter of Credit required in Recommendation 2.c.4 above, 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 and Interpretation Plan 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. 3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the properties at 639, 641, 645, 649 and 651 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 639, 641, 645, 649 and 651 Yonge Street.

    On the record

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