Toronto Preservation Board
The full agenda, as filed
All 5 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
PB2.1adopted
This report recommends that City Council state its intention to designate the property at 46 Spadina Avenue (including entrance addresses at 40, 42, and 44 Spadina Avenue) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value. The property at 46 Spadina Avenue comprises a four-storey factory building that was constructed in 1907 and designed by the Toronto architectural firm of Horwood and Burke. Commissioned by Business Systems Limited, which manufactured business stationery and operated a business training school, the property served as the company's headquarters and factory for over half a century. In the late 20th century, the property was among the properties in the King-Spadina neighbourhood that became associated with the clothing manufacturing industry in Toronto′s Fashion District. City Council included the subject property on the City of Toronto's Heritage Register in 2016. It is also a contributing property within the King-Spadina Heritage Conservation District (HCD). City Council designated the King-Spadina HCD and adopted the King-Spadina HCD Plan under Part V of the Ontario Heritage Act at its meeting of October 2, 2017. The HCD Plan is currently under appeal. Additionally, the subject property is adjacent to the listed property at 374-376 Wellington Street West. Staff have completed the Research and Evaluation Report for the property at 46 Spadina Avenue and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource. In August 2022, the City received Site Plan Approval, Official Plan Amendment, and Zoning By-law Amendment applications related to proposed redevelopment of the subject property with a 28-storey mixed-use building, comprised of a 24-storey tower atop a 4-storey podium along Spadina Avenue. 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. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under Section 29 (1.2) of the Ontario Heritage Act and will come into effect on January 1, 2023. It is anticipated that on or after January 1, 2023, where a prescribed event is triggered, in order to designate a property under Section 29 of the Act, the property must have been included in the heritage register prior to the prescribed event being triggered. Additionally, the Province has amended O. Reg. 9/06 under the Ontario Heritage Act, which is intended to come into effect on January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The City Clerk issued a complete application notice on September 16, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 through March 31, 2023. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
The Toronto Preservation Board recommends to the Planning and Housing Committee that: 1. City Council state its intention to designate the property at 46 Spadina Avenue (including entrance addresses at 40, 42, and 44 Spadina Avenue) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 46 Spadina Avenue (Reasons for Designation) attached as Attachment 3, to the report (December 20, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning. 2. If there are no objections to the designation, 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.
Staff recommendation as filed
The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council state its intention to designate the property at 46 Spadina Avenue (including entrance addresses at 40, 42, and 44 Spadina Avenue) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 46 Spadina Avenue (Reasons for Designation) attached as Attachment 3, to the report, December 20, 2022, from the Senior Manager, Heritage Planning, Urban Design, City Planning: 2. If there are no objections to the designation, 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.
PB2.2adopted
This report recommends that City Council state its intention to designate the four attached properties at 72, 74, 76 and 78 Berkeley Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value. Anchoring the northwest corner of Berkeley Street and Adelaide Street East at the north edge of the historic St. Lawrence neighbourhood, the properties at 72-78 Berkeley Street comprise a 2.5-storey row of four attached Bay-and-Gable type house-form buildings completed together in 1883. Located in the King-Parliament Secondary Plan Area, which contains the original boundaries of the 1793 Town of York, these properties continue to anchor the northwest intersection of Berkeley Street and Adelaide Street East, where they maintain and support the character of the area as it represents the late-19th to early-20th century development of the neighbourhood, along with the workers' terrace housing at the southeast corner (55-79 Berkeley Street; 1872) and the former Berkeley Street Fire Hall No. 4 at the southwest corner (70 Berkeley Street; 1905). The subject properties also form part of a significant collection of surviving late-19th century residential buildings located along both sides of Berkeley Street, which defined the eastern boundary of the historic Town of York. The subject properties were identified as having cultural heritage value through the King-Parliament Secondary Plan Review (2019) for their contribution to the area's Urban & Industrial Expansion (1850-1914) period of significance and were included on the City of Toronto's Heritage Register in December 2020. Staff have completed the Research and Evaluation Report for the properties at 72-78 Berkeley Street and determined that they meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design, associative and contextual value. As such, the properties are significant built heritage resources. 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. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023. On or after January 1, 2023, where a prescribed event is triggered, in order to designate a property under Section 29 of the Act, and the property must have been included in the heritage register prior to the prescribed event being triggered. The application currently under review was deemed complete prior to the new legislation coming into force. This designation report precedes by a cycle the final report on the development application by Community Planning that is anticipated to come forward in February 2023. The current Zoning Bylaw Amendment development application for the site known as 49 Ontario Street proposes construction of three buildings of 11, 39 and 44 storeys containing 1,099 square metres of retail, 15,206 square metres of office, and 64,373 square metres of residential with 1,094 dwelling units, a 581 square metre public park along Berkeley Street and conservation of the existing row houses at 72-78 Berkeley Street (19 244188 STE 13 OZ). Additionally, the Province has amended O. Reg. 9/06 under the Ontario Heritage Act, which is intended to come into effect on January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. A Heritage Impact Assessment (HIA) completed by ERA Architects Inc. and dated October 21, 2019 was submitted to support the application, as were two subsequent Heritage Impact Assessment Addendums dated April 16, 2021 and November 8, 2022, and a Cultural Heritage Evaluation Report dated February 11, 2022. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
The Toronto Preservation Board recommends to the Planning and Housing Committee that: 1. City Council state its intention to designate the properties at 72-78 Berkeley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 72, 74, 76 and 78 Berkeley Street (Reasons for Designation) attached as Attachment 3, to the report (December 23, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning: 2. If there are no objections to the designation, 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.
Staff recommendation as filed
The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council state its intention to designate the properties at 72-78 Berkeley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 72, 74, 76 and 78 Berkeley Street (Reasons for Designation) attached as Attachment 3, to the report, December 23, 2022, from the Senior Manager, Heritage Planning, Urban Design, City Planning: 2. If there are no objections to the designation, 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.
PB2.3received
Amendments to O. Reg. 9/06 - Criteria for Determining Cultural Heritage Value
The Program Manager, Heritage Planning, Urban Design, City Planning will give a presentation on the amendments of O. Reg. 9/06 under the Ontario Heritage Act, which is intended to come into effect on January 1, 2023.
The Toronto Preservation Board received the Item for information.
PB2.4adopted
Demolition of a Designated Property - 18 Portland Street
This report recommends that City Council refuse an application under Section 34 of the Ontario Heritage Act to demolish the historic Portland Substation building at 18 Portland Street. City Council has stated its intention to designate the subject property under Part IV, Section 29 of the Ontario Heritage Act. A notice of intention to designate was served on the property owners and the Ontario Heritage Trust, and was published in accordance with the Act. The objection period ended on November 2, 2022. The City Clerk received a notice of objection on behalf of Davies Howe Land Development Advocacy & Litigation within the required timeframe set out in the Act. The Act requires that City Council consider and make a decision on an objection within 90 days from the end of the objection period. City Council may decide to withdraw, amend, or affirm its intention to designate. At its meeting on December 14, 2022 City Council affirmed its intention to designate the property at 18 Portland Street. Located on the southwest corner of Niagara Street and Portland Street in the King-Spadina neighbourhood, the former Portland Street Toronto Hydro-Electric System Substation, or Portland Substation, was once owned and operated by Toronto Hydro-Electric Systems Ltd. - a precursor to Toronto Hydro. The Portland Substation, completed in 1925 as a two-storey, factory/warehouse type structure, was designed by the public utility's in-house architect Albert E. Salisbury (1887-1955) and is part of a collection of more than twenty such substations by the architect built across the city between 1921 and 1950. The Portland Substation, like others by Salisbury, was designed in the Beaux-Arts tradition with Edwardian Classical influences. In close proximity to other early twentieth-century factory/warehouse type buildings, including several listed and Part IV designated properties, the Portland Substation is an important part of the industrial history of the King-Spadina neighbourhood. An application under Section 34 of the Act has been submitted to demolish this building in order to allow for the construction of a 22 storey mixed-use building with commercial units at grade and residential units above. Under the Act, if City Council fails to make a decision on the heritage permit application within 90 days of issuing a notice of a complete application, the application is deemed to be permitted under Section 34 of the Ontario Heritage Act. In this case the applicant must be notified of Council's decision by March 30, 2023.
The Toronto Preservation Board recommends to the Toronto and East York Community Council that: 1. City Council refuse the issuance of a demolition permit for the heritage property at 18 Portland Street, in accordance with Section 34 of the Ontario Heritage Act. 2. If the owner appeals City Council's decision to refuse the issuance of a demolition permit under Section 34 of the Ontario Heritage Act for the heritage property at 18 Portland Street, City Council authorize the City Solicitor and the necessary City staff to attend the Ontario Land Tribunal hearing in opposition to the appeal.
Staff recommendation as filed
The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council refuse the issuance of a demolition permit for the heritage property at 18 Portland Street, in accordance with Section 34 of the Ontario Heritage Act. 2. If the owner appeals City Council's decision to refuse the issuance of a demolition permit under Section 34 of the Ontario Heritage Act for the heritage property at 18 Portland, City Council authorize the City Solicitor and the necessary City staff to attend the Ontario Land Tribunal hearing in opposition to the appeal.
PB2.5adopted
This report recommends that City Council include six properties for their cultural heritage value on the City of Toronto's Heritage Register. The six properties being recommended for inclusion on the Register are as follows: 29 Linden Street, Toronto Centre - Ward 13 31 Linden Street, Toronto Centre - Ward 13 33 Maitland Street, Toronto Centre - Ward 13 33 Melrose Avenue (including 31 Melrose Avenue), Eglinton-Lawrence - Ward 8 822 Richmond Street West, Spadina-Fort York - Ward 10 570 Sherbourne Street, Toronto Centre - Ward 13 On January 1, 2023, the Province's proposed amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) will come into effect. A municipal heritage register under the Ontario Heritage Act may include properties that have not been designated but Council believes to be of "cultural heritage value or interest" and meet one or more of the provincial criteria for determining whether it is of cultural heritage value or interest. The recent amendments to the Act limit listing to a period of two years. As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023. A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. The six properties were selected to allow Council to consider their inclusion on the Heritage Register prior to a Prescribed Event occurring, and, in the case of 33 Maitland Street, to help inform the review of a recently completed planning application. All of the recommended properties for inclusion on the City's Heritage Register have been researched and evaluated by staff using the criteria prescribed in Ontario Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest and are believed to be of cultural heritage value or interest. The listing of non-designated properties on the municipal heritage register under the Act also extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Act should a development or demolition application be submitted. The recent amendments to the Act limit listing of non-designated properties to a period of two years. If a listed property is not subject to a Notice of Intention to Designate within 2 years, on and after the second anniversary of the property being listed in the heritage register, the legislation deems the property be removed from the heritage register after a 2 year period and imposes a 5 year prohibition on re-including that property in the heritage register, if deemed to be removed. Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.
The Toronto Preservation Board recommends to the Planning and Housing Committee that: 1. City Council include the following 6 properties on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion) attached as Attachments 1 through 6 to the report (December 30, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning: 29 Linden Street 31 Linden Street 33 Maitland Street 33 Melrose Avenue (including the entrance address of 31 Melrose Avenue) 822 Richmond Street West 570 Sherbourne Street
Staff recommendation as filed
The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council include the following 6 properties on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion) attached as Attachments 1 through 6 to the report, December 30, 2022, from the Senior Manager, Heritage Planning, Urban Design, City Planning: 29 Linden Street 31 Linden Street 33 Maitland Street 33 Melrose Avenue (including the entrance address of 31 Melrose Avenue) 822 Richmond Street West 570 Sherbourne Street