Item - 2023.PB4.1

The Toronto Preservation Board recommends to the Planning and Housing Committee that:

1. City Council state its intention to designate the property at 200 University Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 200 University Avenue (Reasons for Designation) attached as Attachment 3 to the report (March 14, 2023) 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.

Liz McFarland, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 200 University Avenue - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 200 University Avenue under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value for its design, associative and contextual values.

Located on the southwest corner of Richmond Street West and University Avenue, the property at 200 University Avenue contains the Sun Life Building constructed in 1958 - 1961 and designed by John C. Parkin of John B. Parkin Associates, Canada's largest architectural firm at the time. The subject property is among the earliest examples of a modernist high rise building in Toronto to be entirely clad in metal and glass, with its glass and metal curtain wall set back from exposed perimeter support columns. As the first tall building to successfully challenge the by-laws governing University Avenue from its prominent position at the point at which University Avenue becomes a grand ceremonial boulevard, the property is historically linked to the post-war phase of development along University Avenue.

The property was listed on the City of Toronto's Heritage Register in 1991.

The City Clerk issued a complete application notice on August 5, 2022. The City received Official Plan Amendment and Zoning By-law Amendment applications related to the proposed redevelopment of the subject property. The proposal is for a 35-storey addition above the existing 16-storey building, which will be retained in situ and not demolished to accommodate the proposed development, for an overall height of 51-storeys. The proposal consists of 35,316 square metres of residential gross floor area containing 478 residential units, 204 square metres of retail space, and 13,052 square metres of office space, with 98 vehicular parking spaces and 548 bicycle spaces. (22 166819 STE 10 OZ).

A Heritage Impact Assessment (HIA) completed by ERA Architects Inc. and dated June 2, 2022 was submitted to support the application, as was a Cultural Heritage Evaluation Report for the subject property with the same date. An Heritage Impact Assessment 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

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 Planning Act applications that would trigger a Prescribed Event. 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.

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 City Clerk issued a complete application notice on August 5, 2022. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 through May 31, 2023. Council must make a decision at its May 10, 2023 meeting to provide sufficient time for City Clerk to issue a notice of intention to designate before the waiver expires.

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.

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.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which takes effect as of 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 property meets four criteria relating to design / physical, historical / associative, and contextual values.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.