Toronto Preservation Board
The full agenda, as filed
All 3 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.
PB21.1amended
This report recommends that City Council approve the alterations under Section 33 of the Ontario Heritage Act proposed for the heritage property at 41-45 Spadina Road in connection with the redevelopment of the site. The site contains Spadina Gardens, a four-and-a-half-storey Edwardian Classical Style apartment building. Constructed between 1905-1906, Spadina Gardens was one of Toronto's first six apartment buildings, and is one of only two of the original six still remaining. The proposed development involves adding a 10-storey residential tower with a mechanical penthouse, cantilevered above the existing four-and-a-half storey heritage building, supported by two structural columns. The proposed tower is situated towards the back of the existing building, with proposed step backs of 10 metres from the west and 2 to 2.95 metres from the north and south elevations. The entire building will be conserved through this development strategy as well as the heritage attributes of the properties. The impact of the new development is sufficiently mitigated to be consistent with the existing policy framework.
The Toronto Preservation Board recommends that: 1. City Council consent to the application to alter the designated property at 41-45 Spadina Road, with conditions, under Part IV, Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed-use building with the alterations to the designated heritage property being substantially in accordance with the plans and drawings prepared by Architects-Alliance dated April 2024 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning; and the Heritage Impact Assessment prepared by ERA Architects Inc. dated May 9, 2024 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning. 2. City Council direct the Senior Manager, Heritage Planning, Urban Design, City Planning to consider the following when reviewing the Conservation Plan: a. Including a Vibration Impact Study and Construction Impact Study to ensure that appropriate mitigation measures be put in place to protect the heritage property from damage during and after construction. b. Exploring an alternative exterior placement of the columns in the courtyard and sideyard. c. Strongly consider the restoration of the lost Flemish-inspired parapet as presented in the original architectural drawings. d. Further attention be given to the design of the proposal to ensure that the materiality and placement of the new construction be made more compatible with the heritage property. 3. City Council direct that its consent to the application to alter the designated property at 41-45 Spadina Road under Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions: a. That the related Official Plan Amendment and Zoning By-law Amendment requiring the proposed alterations has been enacted by City Council and has come into full force and effect. b. That prior to the introduction of the bills for such Official Plan Amendment and Zoning By-law Amendment by City Council, the owner shall: 1. Enter into a Heritage Easement Agreement with the City for the property at 41-45 Spadina Road substantially in accordance with the plans and drawings prepared by Architects-Alliance dated April, 2024 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated May 9, 2024, both on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, subject to and in accordance with the Conservation Plan required in Recommendation 3.b.2 below, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution 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. dated May 9, 2024, 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 at 41-45 Spadina Road, 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 Planning, Urban Design, City Planning, the owner of the subject property shall: 1. Have entered into a Heritage Easement Agreement with the City required in Recommendation 3.b.1 above for the property at 41-45 Spadina Road including registration on title of such agreement, to the satisfaction of the City Solicitor. 2. Have obtained final approval for the necessary Official Plan and Zoning By-law Amendments, and such Amendments to have come into full force and effect. 3. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 3.b.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, Urban Design, City Planning. 4. Provide an Interpretation Plan for the property located at 41-45 Spadina Road 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. 5. Provide a Heritage Lighting Plan that describes how the exterior of the property located at 41-45 Spadina Road 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. 6. 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 Interpretation Plan. d. That prior to the release of the Letter of Credit required in Recommendation 3.c.6 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, Urban Design, City Planning. 2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. 4. 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 41-45 Spadina Road. 5. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.
Staff recommendation as filed
The Acting Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council consent to the application to alter the designated property at 41-45 Spadina Road, with conditions, under Part IV, Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed-use building with the alterations to the designated heritage property being substantially in accordance with the plans and drawings prepared by Architects-Alliance dated April 2024 and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment prepared by ERA Architects Inc. dated May 9, 2024 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning. 2. City Council direct that its consent to the application to alter the designated property at 41-45 Spadina Road under Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions: a. That the related Official Plan Amendment and Zoning By-law Amendment requiring the proposed alterations has been enacted by City Council and has come into full force and effect. b. That prior to the introduction of the bills for such Official Plan Amendment and Zoning By-law Amendment by City Council, the owner shall: 1. Enter into a Heritage Easement Agreement with the City for the property at 41-45 Spadina Road substantially in accordance with the plans and drawings prepared by Architects-Alliance dated April, 2024 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated May 9, 2024, both on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 2.b.2 below, to the satisfaction of the Senior Manager, Heritage Planning, including execution 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. dated May 9, 2024, 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 at 41-45 Spadina Road, 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 Planning, the owner of the subject property shall: 1. Have entered into a Heritage Easement Agreement with the City required in Recommendation 2.b.1 for the property at 41-45 Spadina Road including registration on title of such agreement, to the satisfaction of the City Solicitor. 2. Have obtained final approval for the necessary Official Plan and Zoning By-law Amendments, and such Amendments to have come into full force and effect. 3. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.b.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. 4. Provide an Interpretation Plan for the property located at 41-45 Spadina Road to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. 5. Provide a Heritage Lighting Plan that describes how the exterior of the property located at 41-45 Spadina Road 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. 6. 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 Interpretation Plan. d. That prior to the release of the Letter of Credit required in Recommendation 2.c.6 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. 3. 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 41-45 Spadina Road. 4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.
PB21.2adopted
This report recommends that City Council approve the demolition of an "Unrated" building within the South Rosedale Heritage Conservation District (SRHCD), and approve the design of a replacement house located at 14 McKenzie Avenue in accordance with Section 42(1) 2 and 42(1) 4 of the Ontario Heritage Act. This property is designated under Part V of the Ontario Heritage Act. The SRHCD Plan allows for the demolition of an "Unrated" building provided that the replacement building design complies with the SRHCD plan guidelines for new buildings and the applicable zoning by-laws. The proposed new 2-storey detached house meets the general intent of the SRHCD Plan's guidelines and would not detract from nearby rated heritage buildings in the immediate context. The subject application also requires approval under the Planning Act (Minor Variance). The recommendations contained within this report relate solely to approvals required under the provisions of the Ontario Heritage Act.
The Toronto Preservation Board recommends that: 1. City Council approve the demolition of the heritage building at 14 McKenzie Avenue, an "Unrated" structure in the South Rosedale Heritage Conservation District, in accordance with Section 42(1) 4 of the Ontario Heritage Act and the erection of a building in accordance with Section 42(1) 2 of the Ontario Heritage Act subject to the following: a. City Council approve the replacement structure for 14 McKenzie Avenue as shown in the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, and that the replacement structure be constructed substantially in accordance with the submitted plans. b. That prior to the issuance of any heritage permit for the property at 14 McKenzie Avenue including a demolition permit, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing "Unrated" building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning: 1. Photo documentation of the existing structure at 14 McKenzie Avenue. 2. Final building permit drawings for the replacement structure and a landscape plan consistent with the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and the SRHCD Plan.
Staff recommendation as filed
The Acting Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council approve the demolition of the heritage building at 14 McKenzie Avenue, an "Unrated" structure in the South Rosedale Heritage Conservation District, in accordance with Section 42(1) 4 of the Ontario Heritage Act and the erection of a building in accordance with Section 42(1) 2 of the Ontario Heritage Act subject to the following: a. City Council approve the replacement structure for 14 McKenzie Avenue as shown in the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and on file with the Senior Manager, Heritage Planning, and that the replacement structure be constructed substantially in accordance with the submitted plans. b. That prior to the issuance of any heritage permit for the property at 14 McKenzie Avenue including a demolition permit, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing "Unrated" building as are acceptable to the Senior Manager, Heritage Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning: 1. Photo documentation of the existing structure at 14 McKenzie Avenue. 2. Final building permit drawings for the replacement structure and a landscape plan consistent with the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and the SRHCD Plan.
PB21.3adopted
On October 18, 2023, a Zoning By-law Amendment application was submitted for a development at 70-86 Lynn Williams Street to permit a 43-storey mixed-use building containing 588 rental units, demolishing the north half of the heritage building located on the 80-86 Lynn Williams Street portion of the site, and retaining the south half fronting onto Lynn Williams Street. On April 17, 2024, City Council refused the Zoning By-law Amendment application and the applicant appealed City Council's decision on the application to the Ontario Land Tribunal (OLT). On July 26, 2024, the applicant submitted an application under Section 33 and Section 34(1)1 of the Ontario Heritage Act for the alteration to and demolition of heritage attributes to the property at 80-86 Lynn Williams Street. For reasons set out in Confidential Attachment 1 to this report, this matter is urgent.
The Toronto Preservation Board recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor and Confidential Appendix "A", if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (August 14, 2024) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor and Confidential Appendix "A", if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.