Item - 2014.TE34.30

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council approve the alterations to the heritage property at 481 University Avenue and 210 Dundas Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 55-storey residential tower including a 10-storey commercial office/retail base provided that 481 University Avenue and 210 Dundas Street West are designated and subject to a Heritage Easement Agreement with the City, with such alterations to the properties to be substantially in accordance with the Heritage Impact Assessment, prepared by ERA Architects Inc., dated February 12, 2013 and revised September 6, 2013, and the drawings prepared by B+H Architects dated February 12, 2013 and on file with the Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Manager, Heritage Preservation Services and subject to the following additional conditions:

a.         That the related Zoning By-law Amendment giving rise to the proposed alterations have been enacted by the City Council and have come into full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning in consultation with the Manager, Heritage Preservation Services.

b.         That prior to the introduction of the bills for the Zoning By-law Amendment by City Council, the owner shall:

i.          Complete and register a Section 37 Agreement (pursuant to the Planning Act) to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Manager, Heritage Preservation Services, requiring, inter alia, that:

a.         provided the property at 481 University and 210 Dundas Street West is designated under Part IV, Section 29 of the Ontario Heritage Act prior to the issuance of Notice of Approval Conditions for the proposed development, then prior to final Site Plan approval the Owner shall enter into a Heritage Easement Agreement generally in accordance with the Heritage Impact Assessment prepared by ERA Architects Inc., dated February 12, 2013, and revised September 6, 2013; and

b.         the Owner shall not object to the designation of said property as recommended in the Report from the Director, Urban Design, City Planning, to the Toronto Preservation Board and Toronto East York Community Council dated June 26, 2014.

c.         That prior to Site Plan Approval for the property at 481 University Avenue, 210 Dundas Street West, 70 Centre Avenue and 137 Edward Street the owner shall:

i.          Provide a Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the properties located at 481 University Avenue and 210 Dundas Street West dated February 12, 2013 and revised September 6, 2013, and includes a removal, storage, relocation and restoration plan for the Elizabeth Wyn Wood bas-reliefs to be prepared by a qualified art conservator with a specialization in bas relief sculpture, and all to the satisfaction of the Manager, Heritage Preservation Services.

ii.         Complete all heritage-related pre-approval conditions contained in a Notice of Approval Conditions for Site Plan Control to the satisfaction of the Manager, Heritage Preservation Services.

iii.        Provide Final Site Plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Manager, Heritage Preservation Services.

d.         That prior to the issuance of any permit for the property at 481 University and 210 Dundas Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance of the existing heritage building the owner shall:

i.          Obtain final approval for the necessary by-law amendment required for the alterations to the properties at 481 University and 210 Dundas Street West, such amendments to have been enacted by City Council and to have come into full force and effect in a form and with content acceptable to City Council as determined by the Chief Planner, and Executive Director, City Planning in consultation with the Manager, Heritage Preservation Services.

ii.         Have obtained Final Site Plan approval for such property, issued by the Chief Planner and Executive Director, City Planning.    

iii.        Provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, including a description of materials and finishes to be prepared by the project architect, a qualified heritage consultant and a qualified art conservator, all to the satisfaction of the Manager, Heritage Preservation Services.

iv.        Provide a Lighting Plan that describes how the Maclean Publishing Company Building and the Maclean-Hunter Building will be sensitively illuminated to enhance its heritage character, to the satisfaction of the Manager, Heritage Preservation Services.

v.         Provide an Interpretation Plan for 481 University Avenue, 210 Dundas Street West, 70 Centre Avenue and 137 Edward Street, to the satisfaction of the Manager, Heritage Preservation Services.            

vi.        Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, including work related to the relocation and restoration of the Elizabeth Wyn Wood bas-reliefs and the approved Interpretation Plan.

e.         That prior to the release of the Letter of Credit the owner shall:

i.          Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the conservation work and the interpretive work have been completed in accordance with the approved Conservation Plan and the approved Interpretation Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Manager, Heritage Preservation Services.

ii.         Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Manager, Heritage Preservation Services.

2.         City Council state its intention to designate the property at 481 University Avenue with the Maclean-Hunter Building (1961) under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 481 University Avenue (Reasons for Designation) attached as Attachment 14 to the report (June 26, 2014) from the Director, Urban Design, City Planning.

3.         City Council state its intention to designate the property at 481 University Avenue (the part known as 210 Dundas Street West with the Maclean Publishing Company Building (1928) under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 481 University Avenue (210 Dundas Street West: Reasons for Designation) attached as Attachment 15 to the report (June 26, 2014) from the Director, Urban Design, City Planning.

4.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

5.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

6.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

7.         City Council authorize the Chief Planner and Executive Director. City Planning, or Chief Planner's designate, to enter into a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 481 University Avenue in a form and content satisfactory to the Chief Planner and Executive Director,City Planning and the City Solicitor.