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Toronto City Council · 2023-07-19 · 2023.CC8.33

The filed record

789-793 Don Mills Road - Proposed Designation By-Law under Part IV, Section 29 of the Ontario Heritage Act - Consideration of Objection

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The decision

2023-07-19 · Toronto City Council · adopted

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 789-793 Don Mills Road (including entrance address at 793 Don Mills Road) under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council's Decision (Item PH3.14 ) on May 10, 2023. 2. City Council authorize the City Solicitor to introduce the Bill in City

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Council designating the property at 789-793 Don Mills Road (including entrance address at 793 Don Mills Road) under Part IV, Section 29 of the Ontario Heritage Act.

On the agenda

As the city filed it

This report recommends that City Council affirm its decision of May 10, 2023, (Item PH3.14 ) stating its intention to designate the property at 789-793 Don Mills Road (including entrance address at 793 Don Mills Road) (the "subject property") under Part IV, Section 29 of the Ontario Heritage Act (the "Act"). The City has received an objection to the notice of intention to designate on behalf of 789 Don Mills Developments Inc., the property owner within the statutory timeline.

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The subject property, known as Foresters House, is located on the east side of Don Mills Road just south of Eglinton Avenue East, and contains a 22-storey office tower complex connecting to a low-rise two-storey pavilion building (one storey is visible from the street). It was constructed as part of Olympia Square complex, developed by Olympia and York, in 1965-1967 and has been a landmark in the Don Mills area for more than 55 years. The subject property is a representative example of a skyscraper typology constructed in the Late Modern style. It is located in the Flemingdon Park Industrial Estate established in 1958. The subject property is also located in the Core Character Area within the Don Mills Crossing Secondary Plan (Official Plan Amendment 404) boundary, and is identified as a heritage potential property on Map 40-9 Views and Vistas. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act which included amendments to the listing and designation processes. The Bill 108 Amendments to the Act came into force on July 1, 2021. City Council has 90 days from the date of the end of the objection period, to make a decision on this objection as per the timeline under the Act. Staff have reviewed the objections raised on behalf of 789 Don Mills Developments Inc. and remain of the opinion that this property holds cultural heritage value or interest. The property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Act under all three categories of design and physical, historical and associative, and contextual values. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, Section 29 of the Act, City staff are of the opinion that this property should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition.

Staff recommended

The Chief Planner and Executive Director, City Planning recommends that: 1. City Council affirm its decision to state its intention to designate the property at 789-793 Don Mills Road (including entrance address at 793 Don Mills Road) under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council's Decision (Item PH3.14 ) on May 10, 2023. 2. City Council authorize the City Solicitor to introduce the

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Bill in City Council designating the property at 789-793 Don Mills Road (including entrance address at 793 Don Mills Road) under Part IV, Section 29 of the Ontario Heritage Act.

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