Item - 2024.TE12.20

Tracking Status

  • City Council adopted this item on April 17, 2024 with amendments.
  • This item was considered by Toronto and East York Community Council on April 3, 2024. It is being forwarded to City Council without recommendations. It will be considered by City Council on April 17, 2024.
  • See also By-law 516-2024

TE12.20 - 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement

Decision Type:
ACTION
Status:
Amended
Ward:
11 - University - Rosedale

City Council Decision

City Council on April 17 and 18, 2024, adopted the following:

 

1. City Council approve the alterations to the heritage property at 171 Lowther Avenue in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of an 11-storey residential building, with such alterations substantially in accordance with plans and drawings dated October 26, 2023, prepared by Gabriel Fain Architects Inc. and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment for 171 Lowther Avenue dated October 30, 2023 prepared by Goldsmith Borgal & Company Ltd. Architects, and on file with the Senior Manager, Heritage Planning, all subject to, and in accordance with, a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below:

 

a. that the related site specific Official Plan Amendment and Zoning By-law Amendment giving rise to the proposed alterations have been enacted by the City Council and have come into full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning;

 

b. that the owner shall:

 

1. enter into a Heritage Easement Agreement with the City for the property at 171 Lowther Avenue in accordance with the plans and drawings dated October 26, 2023, prepared by Gabriel Fain Architects Inc., and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment for 171 Lowther Avenue dated October 30, 2023 prepared by Goldsmith Borgal & Company Ltd. Architects, and in accordance with the Conservation Plan required in Part 1.b.2 below to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and

 

2. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 171 Lowther Avenue dated October 30, 2023 prepared by Goldsmith Borgal & Company Ltd. Architects, to the satisfaction of the Senior Manager, Heritage Planning;

 

c. that prior to final Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment by City Council, for the property located at 171 Lowther Avenue the owner shall:

 

1. provide final Site Plan drawings including drawings related to the approved Conservation Plan required in Part 1.b.2 above to the satisfaction of the Senior Manager, Heritage Planning;

 

2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

 

3. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

 

4. provide a Heritage Lighting Plan that describes how the heritage property 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;

 

5. provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

 

d. that prior to the issuance of any permit for all or any part of the property at 171 Lowther Avenue, 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 shall:

 

1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.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; and

 

2. 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;

 

e. that prior to the release of the Letter of Credit required in Part 1.d.2 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, required heritage lighting 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; and

 

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

 

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 171 Lowther Avenue in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

 

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 171 Lowther Avenue.

Background Information (Community Council)

(March 7, 2024) Report and Attachments 1-5 from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning on 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-243980.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Dianne Saxe (Carried)

That City Council adopt the following recommendations in the report (March 7, 2024) from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning:

 

1. City Council approve the alterations to the heritage property at 171 Lowther Avenue in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of an 11-storey residential building, with such alterations substantially in accordance with plans and drawings dated October 26, 2023, prepared by Gabriel Fain Architects Inc. and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment for 171 Lowther Avenue dated October 30, 2023 prepared by Goldsmith Borgal & Company Ltd. Architects, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below:

 

a. that the related site specific Official Plan Amendment and Zoning By-law Amendment giving rise to the proposed alterations have been enacted by the City Council and have come into full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

 

b. that the owner shall:

 

1. enter into a Heritage Easement Agreement with the City for the property at 171 Lowther Avenue in accordance with the plans and drawings dated October 26, 2023, prepared by Gabriel Fain Architects Inc., and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment for 171 Lowther Avenue dated October 30, 2023 prepared by Goldsmith Borgal & Company Ltd. Architects, and in accordance with the Conservation Plan required in Recommendation 1.b.2 below to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor; and

 

2. provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 171 Lowther Avenue dated October 30, 2023 prepared by Goldsmith Borgal & Company Ltd. Architects, to the satisfaction of the Senior Manager, Heritage Planning.

 

c. that prior to final Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment by City Council, for the property located at 171 Lowther Avenue the owner shall:

 

1. provide final Site Plan drawings including drawings related to the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

 

2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.

 

3. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

 

4. provide a Heritage Lighting Plan that describes how the heritage property 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.

 

5. provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

 

d. that prior to the issuance of any permit for all or any part of the property at 171 Lowther Avenue, 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 shall:

 

1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.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; and

 

2. 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.

 

e. that prior to the release of the Letter of Credit required in Recommendation 1.d.2 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, required heritage lighting 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; and

 

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

 

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 171 Lowther Avenue in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

 

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 171 Lowther Avenue.

20a - 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement

Background Information (Community Council)
(March 28, 2024) Letter from the Toronto Preservation Board on 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-244692.pdf

TE12.20 - 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement

Decision Type:
ACTION
Status:
Without Recs
Ward:
11 - University - Rosedale

Community Council Recommendations

The Toronto and East York Community Council forwards the Item to City Council without recommendation.

Origin

(March 7, 2024) Report from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning

Summary

This report recommends that City Council approve the proposed alterations to the designated property at 171 Lowther Avenue in connection with the proposed redevelopment of the site and grant authority to enter into a Heritage Easement Agreement for the property.  

 

The subject property at 171 Lowther Avenue is within the West Annex neighbourhood, located mid-block on the south side of Lowther Avenue, between Walmer Road and Dalton Street. Constructed between 1901 and 1902, it is a representative example of an early twentieth century residential structure blending elements of the Queen Anne Revival and Edwardian Classicism styles. The property was designated under Part IV of the Ontario Heritage Act through By-law 102-2024 enacted February 7, 2024.

 

In conjunction with an Official Plan and Zoning Amendment Application (23 223597 STE 11 OZ), the redevelopment proposes an 11-storey residential building containing 64 units at 171-175 Lowther Avenue. The new construction connects to the southwest corner of the heritage building, which would be integrated into the new development for residential and amenity uses. The upper floors of the building are stepped back approximately 10.7 metres from the face of the heritage building and is free of projections. The heritage building’s principal façade and front half of the east and west elevations which contain the property’s heritage attributes, will be retained in-situ, with the latter half of east and west elevations and roof to be reconstructed.

 

This report recommends that City Council approve the proposed alterations for the heritage property at 171 Lowther Avenue. Staff are satisfied that the impacts have been appropriately mitigated through the overall proposed conservation strategy and that the cultural heritage values, attributes, and character of the designated heritage property at 171 Lowther Avenue will be conserved.

Background Information

(March 7, 2024) Report and Attachments 1-5 from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning on 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-243980.pdf

Motions

Motion to forward item Without Recommendations moved by Councillor Dianne Saxe (Carried)

That the item be forwarded to City Council without recommendation.

20a - 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement

Origin
(March 28, 2024) Letter from the Toronto Preservation Board
Summary

At its meeting on March 28, 2024 the Toronto Preservation Board considered Item PB16.9 and made recommendations to City Council.

 

 

Summary from the report (March 7, 2024) from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning:

 

This report recommends that City Council approve the proposed alterations to the designated property at 171 Lowther Avenue in connection with the proposed redevelopment of the site and grant authority to enter into a Heritage Easement Agreement for the property.  

 

The subject property at 171 Lowther Avenue is within the West Annex neighbourhood, located mid-block on the south side of Lowther Avenue, between Walmer Road and Dalton Street. Constructed between 1901 and 1902, it is a representative example of an early twentieth century residential structure blending elements of the Queen Anne Revival and Edwardian Classicism styles. The property was designated under Part IV of the Ontario Heritage Act through By-law 102-2024 enacted February 7, 2024.

 

In conjunction with an Official Plan and Zoning Amendment Application (23 223597 STE 11 OZ), the redevelopment proposes an 11-storey residential building containing 64 units at 171-175 Lowther Avenue. The new construction connects to the southwest corner of the heritage building, which would be integrated into the new development for residential and amenity uses. The upper floors of the building are stepped back approximately 10.7 metres from the face of the heritage building and is free of projections. The heritage building’s principal façade and front half of the east and west elevations which contain the property’s heritage attributes, will be retained in-situ, with the latter half of east and west elevations and roof to be reconstructed.

 

This report recommends that City Council approve the proposed alterations for the heritage property at 171 Lowther Avenue. Staff are satisfied that the impacts have been appropriately mitigated through the overall proposed conservation strategy and that the cultural heritage values, attributes, and character of the designated heritage property at 171 Lowther Avenue will be conserved.

Background Information
(March 28, 2024) Letter from the Toronto Preservation Board on 171 Lowther Avenue - Alterations to a Heritage Property and Authority to Enter into a Heritage Easement Agreement
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-244692.pdf
Source: Toronto City Clerk at www.toronto.ca/council