Item - 2023.PB4.2

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

1. City Council state its intention to designate the property at 374 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 374 and 374 A Yonge Street (Reasons for Designation) attached as Attachment 3, to the report, March 2, 2023, from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council state its intention to designate the property at 374 A Yonge Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 374 and 374 A Yonge Street (Reasons for Designation) attached as Attachment 3, to the report, March 2, 2023, from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. City Council state its intention to designate the property at 376 Yonge Street (including the entrance address at 376 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 376 Yonge Street (Reasons for Designation) attached as Attachment 4, to the report, March 2, 2023, from the Senior Manager, Heritage Planning, Urban Design, City Planning.

4. 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.

This report recommends that City Council state its intention to designate the properties at 374, 374 A and 376 Yonge Street (including the entrance address at 376 A Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The properties at 374, 374 A and 376 Yonge Street (including the entrance address at 376 A Yonge Street) are located mid-block on the west side of Yonge Street between Gerrard and Walton Streets and comprise two buildings dating from 1862 (374 and 374 A Yonge Street) and 1865 (376 Yonge Street). The building at 374 and 374 A Yonge Street is characterized by its Second Empire-style architecture, while the building at 376 Yonge Street is characterized by it Georgian-style architecture. The properties support and maintain the nineteenth and early-twentieth century character of this part of Yonge Street, being situated near numerous other heritage resources. The subject properties have been listed on the City's Heritage Register since May 1990.

Staff have completed the Research and Evaluation Report for the properties at 374,

374 A and 376 Yonge Street and determined that each property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical and contextual value for each property. As such, the properties are significant built heritage resources.

In July 2020, the City received an Official Plan and Rezoning application for a 73-storey mixed-use building followed by an application for Site Plan approval for the proposed development involving the subject properties in September 2021. The Official Plan and Rezoning application proposed that the development would have a non-residential gross floor area of 954.5 square meters, and a residential gross floor area of 34,471 square metres with 415 dwelling units.

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.  An Heritage Impact Assessment dated September 10, 2021 was submitted and prepared by Philip Goldsmith, architect.

The applications propose the retention of the listed properties at 374, 374 A and 376 Yonge Street and the designated Dominion Bank Building at 378 Yonge Street designed by renowned architect, John Lyle. The Heritage Register (listed) property at 372 Yonge Street, which lacks integrity, will be demolished.

On May 5, 2021 City Council directed the City Solicitor, together with City Planning staff and appropriate City staff to attend the Local Planning Appeal Tribunal hearing to oppose the Official Plan Amendment and Zoning By-law Amendment applications in their current form. The application for the Site Plan approval remains under review.

The designation of the subject properties is not subject to Section 29 (1.2) of the Ontario Heritage Act that came into effect on July 1, 2021 since the City Clerk issued a notice of the complete application on September 4, 2020.

On July 19, 2022, City Council adopted the confidential instructions to staff in Confidential Attachment 1 to the report (June 29, 2022) from the City Solicitor regarding 372-378 Yonge Street - Official Plan and Zoning By-law Amendment Applications.

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 which amended the Ontario Heritage Act and came into effect on January 1, 2023. 

The Province amended O. Reg. 9/06 under the Ontario Heritage Act, which came 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.