Item - 2017.TE22.20

The Toronto and East York Community Council recommends that:  

1. City Council include the property at 140 Merton Street on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the property at 140 Merton Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the revised Statement of Significance: 140 Merton Street (Reasons for Designation) attached as Attachment 1 to the report (February 16, 2017) from the Chief Planner and Executive Director, 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 necessary bill in Council.

4.  If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the proposed amendment 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 to amend the designating by-law.

6.  City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 140 Merton Street in a form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

7.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of the Heritage Easement Agreement for the property at 140 Merton Street.

This report recommends that City Council state its intention to designate the property at 140 Merton Street under Part IV, Section 29 of the Ontario Heritage Act, include the property on the City of Toronto's Heritage Register and grant authority to enter into a Heritage Easement Agreement. 

Located on the north side of Merton Street between Yonge Street and Pailton Crescent in the Davisville neighbourhood, the property contains the former national headquarters and key-tag manufacturing building owned by the War Amputations of Canada, designed by the architect Charles B. Dolphin in 1959.

Following research and evaluation, it has been determined that the property at 140 Merton Street meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act for its design, associative and contextual value. 

On December 2, 2016 the property was declared surplus with the intended manner of disposal to be by way of turnover to Build Toronto for site planning and business case development.  According to the heritage policies in the City of Toronto’s Official Plan, when a City-owned heritage property is sold, leased or transferred to another owner, it will be designated under Part IV of the Ontario Heritage Act and a Heritage Easement Agreement secured.

The Toronto and East York Community Council recommends that:  

1.  City Council include the property at 140 Merton Street on the City of Toronto's Heritage Register.

2.  City Council state its intention to designate the property at 140 Merton Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the revised Statement of Significance: 140 Merton Street (Reasons for Designation) attached as Attachment 1 to the report (February 16, 2017) from the Chief Planner and Executive Director, City Planning Division.

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 necessary bill in Council.

4.  If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the proposed amendment 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 to amend the designating by-law.

6.  City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 140 Merton Street in a form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

7.  City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of the Heritage Easement Agreement for the property at 140 Merton Street.

The Toronto Preservation Board on January 26, 2017, considered a report (January 23, 2017) from the Chief Planner and Executive Director, City Planning Division regarding the Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement - 140 Merton Street.

This supplementary report recommends that City Council adopt a revised Statement of Significance (Reasons for Designation) and a revised Heritage Property Research and Evaluation Report for the property at 140 Merton Street due to new archival information and to clarify language in the Reasons for Designation.