Item - 2024.TE15.19

The Toronto and East York Community Council recommends that:

1. City Council refuse the issuance of an alteration permit for the heritage property at 38 Walmer Road (including entrance address at 188 Lowther Avenue), in accordance with Section 33 of the Ontario Heritage Act.

2. City Council refuse the issuance of a demolition permit for the demolition of heritage attributes of the heritage property at 38 Walmer Road (including entrance address at 188 Lowther Avenue), in accordance with Section 34(1)1 of the Ontario Heritage Act.  

3. City Council refuse the issuance of a demolition permit for the demolition of buildings at the heritage property at 38 Walmer Road (including entrance address at 188 Lowther Avenue), in accordance with Section 34(1)2 of the Ontario Heritage Act.

4. In the event this matter is appealed to the Ontario Land Tribunal, City Council authorize the City Solicitor and the necessary City staff to attend the hearing in opposition to the appeal.

5. In the event this matter is appealed to the Ontario Land Tribunal, City Council direct staff to continue discussions with applicant and to encourage submission of a complete application that prioritizes retention and conservation of the Walmer Road Baptist Church, and report back to City Council in the event a resubmission is made.

This report recommends that City Council refuse an application under Sections 33, Section 34(1)1 and Section 34(1)2 of the Ontario Heritage Act to alter and demolish heritage attributes of the property and the demolition of two heritage buildings at the Walmer Road Baptist Church property at 38 Walmer Road (including entrance address at 188 Lowther Avenue).

On August 4, 2022, Zoning By-law Amendment and Site Plan Control applications were submitted to permit an 80-metre (20-storey) mixed-use building for the subject property. These applications proposed alterations to and demolition of attributes at the Walmer Road Baptist Church sanctuary and the demolition the Memorial Building and Sunday School building which are located to the at 188 Lowther Avenue.

On May 31, 2023, the applicant appealed the Zoning By-law Amendment application and referred the Site Plan Control application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame in the Planning Act.

On July 19, 2023, City Council adopted the staff report recommending designation of the subject property at 38 Walmer Road under Part IV of the Ontario Heritage Act

On October 11, 2023 City Council directed the City Solicitor, together with City Planning staff and appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the Zoning By-law Amendment and Site Plan Control applications in their current form.

On December 13, 2023 an application under Sections 33, 34(1)1 and 34(1)2 of the Ontario Heritage Act was submitted to alter the property and demolish heritage attributes and demolish two buildings to allow for the construction of a 20-storey mixed-use building on the subject lands. This report recommends that this application is refused as it has not been demonstrated that the cultural heritage value and attributes of the heritage property will be conserved consistent with the heritage planning policy framework, or that the heritage impacts of the proposal would be appropriately mitigated.