Item - 2019.PB6.4

The Toronto Preservation Board recommends to the Toronto and East York Community Council that:  

1. City Council state its intention to designate the property at 56 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 56 Yonge Street (Reasons for Designation) attached as Attachment 6 to the report (May 7, 2019) from the Senior Manager, Heritage Preservation Services.

2. If there are no objections to the designations in accordance with 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.

3. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

4. 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.

5. City Council approve the alterations to the heritage properties at 199 Bay Street, 25 King Street West, and 56 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new commercial office building on the lands known municipally in the year 2019 as 199 Bay Street, 25 King Street West, and 56 Yonge Street (including the entrance addresses of 21 Melinda Street, 187 Bay Street and, 18-30 Wellington Street West), with such alterations substantially in accordance with plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

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 199 Bay Street, 25 King Street West and 56 Yonge Street in accordance with the plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and in accordance with the Conservation Plan required in Recommendation 5.a.2 below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration 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 for 199 Bay Street, 25 King Street West and 56 Yonge Street prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

3. Enter into and register on the property at 199 Bay Street, 25 King Street West and 56 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations.

b. That prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 199 Bay Street, 25 King Street West and 56 Yonge Street:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 5.a.2 above to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

4.  Provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

5. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. That prior to the issuance of any permit for all or any part of the property at 199 Bay Street, 25 King Street West and 56 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 Preservation Services, the owner shall:

1. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 5.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 Preservation Services;

3. 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 Preservation Services to secure all work included in the approved Conservation Plan Lighting and Interpretation Plan;

4. Provide full documentation of the Commerce Court South and Commerce Court East buildings, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services;

d. That prior to the release of the Letter of Credit required in Recommendation 5.c.3 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 Preservation Services;

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

6. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 199 Bay Street, 25 King Street West and 56 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a Heritage Easement Agreement for the property at 199 Bay Street, 25 King Street West, and 56 Yonge Street.

This report recommends that City Council approve the alterations proposed for the heritage properties located at 199 Bay Street, 25 King Street West and 56 Yonge Street in connection with a proposed development of the subject properties, that Council grant authority to enter into a Heritage Easement Agreement for the subject properties and that Council state its intention to designate the property at 56 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act, and state its intention to amend former City of Toronto By-law 539-91 to reflect the proposed alterations.