Item - 2024.PB25.9

The Toronto Preservation Board recommends that:

1.  City Council state its intention to amend By-law 31874, as amended by By-law 872-2010, which designates the property at 2489 Bayview Avenue under Part IV, Section 29 of the Ontario Heritage Act, pursuant to Section 30.1(2) of the Ontario Heritage Act substantially in accordance with Attachment 2, Statement of Significance (Revised Reasons for Designation): 2451 and 2489 Bayview Avenue appended to the report (November 15, 2024) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2.  If there are no objections to the proposed amendment to By-law 31874, City Council authorize the City Solicitor to introduce the Bill in Council amending By-law 31874 under Part IV, Section 30.1(2) of the Ontario Heritage Act.

Liz McFarland, Senior Heritage Planner, Policy and Research, Urban Design, City Planning gave a presentation on 2451 and 2489 Bayview Avenue - Proposed Amendment to Designating By-law under Part IV, Section 30.1 of the Ontario Heritage Act.

This report recommends that City Council amend the 1992 former City of North York By-law 31874 designating the City-owned property at 2489 Bayview Avenue under Part IV, Section 29 of the Ontario Heritage Act, to revise the Reasons for Designation to describe the site's cultural heritage value and attributes in accordance with Ontario Regulation 9/06, to amend the legal description to include the entirety of the historic 20-acre property, and to protect the archaeological sites known as the Whitney Site (AkGu-77) and the Whitney 2 Site (AkGu-82).

Located on the east side of Bayview Avenue, south of York Mills Road, the property at 2489 Bayview Avenue, known as Windfields Estate, is a significant cultural heritage landscape containing the original 20-acre estate of late Canadian business magnate, E. P. Taylor, where the Main House and adjacent Stables, Gatehouse, three Workers’ Cottages, Garage, Potting Shed and Greenhouse are placed in a landscaped setting. Developed in the 1930s-1940s on rolling fields that remained largely rural into the 1950s, the estate is one of the earliest residential enclaves to be built in the area following the extension of Bayview Avenue north of Eglinton in 1929 and responds directly to the natural features of its site alongside Wilket Creek - an open channel, second order tributary to the West Don River.

In 1986, the Taylor family bequeathed the property at 2489 Bayview Avenue to the former City of North York. The built components and landscaped grounds of the historic Windfields Estate have been tenanted and adaptively-reused by the Canadian Film Centre (CFC) since 1988 – a bequest of E.P. Taylor and gesture befitting his long-term patronage of the arts. In addition to the leased portion of the property, part of the 20-acre parcel is now operated as City parkland (Windfields Park) identified municipally as 2451 Bayview Avenue. Parks staff maintain the parkland grounds, as well as the Garage building that forms part of the historic grouping of auxiliary buildings.   

Part of the subject property was designated under Part IV, Section 29 of the Ontario Heritage Act in 1992 (By-law 31874). In 2010, the legal description was amended by By-Law No. 872-2010 to include the property containing the Gatehouse and additional landscaped areas associated with the original estate. The designated portion of the property is now located within City of Toronto parkland known as Windfields Park (2451 Bayview Avenue) and is publicly accessible via the Wilket Creek Trail running along the southern portion of the property from Bayview Avenue to Wilket Creek. The eastern boundary of the property is within a Toronto Regional Conservation Authority (TRCA) regulated area. The property also encompasses the Whitney Site (AkGu-77) and the Whitney 2 Site (AkGu-82), which have been identified and registered for their archaeological potential.

The CFC is currently negotiating the terms of their lease renewal at 2489 Bayview Avenue with the City. A requirement of their lease renewal terms at this designated property entails entering into a Heritage Easement Agreement (HEA) with the City; however, the designating By-law 31874, as amended by By-law 872-2010, lacks sufficient identification and protection of the cultural heritage value of the property under the Ontario Heritage Act.

Staff is recommending amendment to replace Schedule "B" in the 1992 designation by-law (31874) with the Revised Reasons for Designation, appended as Attachment 2 to this report, to identify the cultural heritage values and heritage attributes of the entire property in accordance with Ontario Heritage Act Regulation 9/06. Staff is also recommending amendment to the legal description for the designating by-law, appended as Attachment 3 to this report, which will replace Schedule "A" of By-law

872-2010, so that it is consistent with the attributes identified in the Revised Reasons for Designation (Attachment 2). Following amendment to the designation, staff will negotiate an HEA with CFC, the tenant, and register it on the property.