Item - 2020.TE16.17

The Toronto and East York Community Council recommends that:  

1. City Council include the property at 292 Main Street on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the property at 292 Main Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 292 Main Street (Reasons for Designation) attached as Attachment 5 to the report (March 9, 2020) from the Senior Manager, Heritage Planning.

3. If there are no objections to the designation 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.

4. 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.

5. 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.

6. City Council approve the alterations to the heritage property at 292 Main Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 27-storey tower on the lands known municipally as 276-296 Main Street, with such alterations substantially in accordance with plans and drawings (update issued April 19, 2019) prepared by Turner Fleischer Architects, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment prepared by ERA Architects Inc., (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following additional conditions:

a. That as a condition of the Local Planning Appeal Tribunal's June 26, 2019 Order for PL171473, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 292 Main Street in accordance with the plans and drawings (update issued April 19, 2019) prepared by Turner Fleischer Architects and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc. (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) and in accordance with the Conservation Plan required in Recommendation 6.a.2. below to the satisfaction of the Senior Manager, Heritage Planning 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 prepared by ERA Architects Inc. (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) to the satisfaction of the Senior Manager, Heritage Planning.

3. Enter into and register on the property at 292 Main 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 Planning 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 292 Main Street, the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 6.a.2. above to the satisfaction of the Senior Manager, Heritage Planning.

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 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 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 full measured drawings and floor plans of both interior and exterior features with photographic documentation keyed to plans.  This should include profiles of interior and exterior window framing, baseboards and all other features in addition to complete sections documenting the original/existing construction of the building.

6. 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.

c. That prior to the issuance of any permit for all or any part of the property 292 Main 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 buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 6.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.

2. 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 approved Interpretation Plan.

d. That prior to the release of the Letter of Credit required in Recommendation 6.c.2. 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.

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

7. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 292 Main Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 292 Main Street.

This report recommends that City Council include the property at 292 Main Street on the City of Toronto's Heritage Register, that Council state its Intention to Designate the property under Part IV, Section 29 of the Ontario Heritage Act, that Council approve the proposed alterations to the heritage property located within the proposed development site at 276-296 Main Street, and that Council grant authority to enter into a Heritage Easement Agreement for the subject property.

The proposed development consists of a 27-storey mixed use building, with non-residential space (retail and office) at the ground floor, and residential units above. The proposal results in the relocation of the heritage building at 292 Main Street within the property envelope, moving it primarily north and slightly east, so that it retains its relationship with Main Street.

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

1. City Council include the property at 292 Main Street on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the property at 292 Main Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 292 Main Street (Reasons for Designation) attached as Attachment 5 to the report (March 9, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. If there are no objections to the designation 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.

4. 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.

5. 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.

6. City Council approve the alterations to the heritage property at 292 Main Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 27-storey tower on the lands known municipally as 276-296 Main Street, with such alterations substantially in accordance with plans and drawings (update issued April 19, 2019) prepared by Turner Fleischer Architects, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment prepared by ERA Architects Inc., (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning and subject to the following additional conditions:

a. That as a condition of the Local Planning Appeal Tribunal's June 26, 2019 Order for PL171473, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 292 Main Street in accordance with the plans and drawings (update issued April 19, 2019) prepared by Turner Fleischer Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by ERA Architects Inc. (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) and in accordance with the Conservation Plan required in Recommendation 6.a.2 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning 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 prepared by ERA Architects Inc. (issued November 2, 2018, January 25, 2019, November 8, 2019, and February 21, 2020) to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Enter into and register on the property at 292 Main 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 Planning, Urban Design, City Planning 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 292 Main Street, the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 6.a.2 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

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 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, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

4. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

5. Provide full measured drawings and floor plans of both interior and exterior features with photographic documentation keyed to plans.  This should include profiles of interior and exterior window framing, baseboards and all other features in addition to complete sections documenting the original/existing construction of the building.

6. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

c. That prior to the issuance of any permit for all or any part of the property 292 Main 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 buildings as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

1. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 6.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, Urban Design, City Planning.

2. 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, Urban Design, City Planning to secure all work included in the approved Conservation Plan, and approved Interpretation Plan.

d. That prior to the release of the Letter of Credit required in Recommendation 6.c.2, 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, Urban Design, City Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

7. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 292 Main Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 292 Main Street.
 
Origin
(March 9, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning
 
Summary
This report recommends that City Council include the property at 292 Main Street on the City of Toronto's Heritage Register, that Council state its Intention to Designate the property under Part IV, Section 29 of the Ontario Heritage Act, that Council approve the proposed alterations to the heritage property located within the proposed development site at 276-296 Main Street, and that Council grant authority to enter into a Heritage Easement Agreement for the subject property.

The proposed development consists of a 27-storey mixed use building, with non-residential space (retail and office) at the ground floor, and residential units above. The proposal results in the relocation of the heritage building at 292 Main Street within the property envelope, moving it primarily north and slightly east, so that it retains its relationship with Main Street. 
 
Background Information
(March 9, 2020) REVISED Report and Attachments 1-6 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Inclusion on the City of Toronto's Heritage Register, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act, Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement - 292 Main Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148525.pdf)
(March 9, 2020) Report and Attachments 1-6 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Inclusion on the City of Toronto's Heritage Register, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act, Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement - 292 Main Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-148047.pdf)

 
Communications
(June 29, 2020) Submission from Evan Manning, Project Planner, ERA Architects Inc. (PB.Supp.PB15.8.1)
(http://www.toronto.ca/legdocs/mmis/2020/pb/comm/communicationfile-107610.pdf)

 
Speakers
Mark  Iogna, Tribute (Danforth) Limited
Peter Jakovcic, Tribute (Danforth) Limited
Signe Leisk, Cassels Brock and Blackwell LLP