Item - 2025.PB30.6

The Toronto Preservation Board recommends that:

1. City Council consent to the application to alter the designated property at 120 Peter Street and demolish the buildings at 126-128 Peter Street and 357-359 Richmond Street West, with conditions, under Part V, Section 42 of the Ontario Heritage Act to allow for the construction of a new 40-storey mixed use building with mechanical penthouse with the alterations, demolition and construction being substantially in accordance with the floor plans and drawings prepared by BDP Quadrangle dated November 15, 2024, podium design drawings dated February 4, 2025 and the Heritage Impact Assessment prepared by GBCA Architects dated March 5, 2025, all on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council direct that its consent to alter the designated property at 120 Peter Street, demolish the buildings at 126-128 Peter Street and 357-359 Richmond Street West and construct a new 40-storey mixed use building in accordance with Part V, Section 42 of the Ontario Heritage Act is also subject to the following conditions:

a. that prior to the issuance of any permit for all or any part of the property at 120, 122-124, 126-128 Peter Street and 357-359 Richmond Street West 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(s) as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning the owner shall:

1. amend the existing Heritage Easement Agreement, or as determined appropriate by the Senior Manager, Heritage Planning, Urban Design, City Planning, in consultation with the City Solicitor, replace the entire existing Heritage Easement Agreement with a new Heritage Easement Agreement, for the properties at 120, 122-124 Peter Street and 357-359 Richmond Street West  pursuant to Section 37 of the Ontario Heritage Act acceptable and satisfactory to the Chief Planner and Executive Director, City Planning, Senior Manager, Heritage Planning, Urban Design, City Planning and the City Solicitor;

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation and commemoration strategies set out in the Heritage Impact Assessment for the properties at 120, 122-124, 126-128 Peter Street and 357-359 Richmond Street West prepared by GBCA Architects dated March 5, 2025, to the satisfaction of the Senior Manager, Heritage Planning; Urban Design, City Planning;

3. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.a.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, Urban Design, City Planning;

4. provide an Interpretation Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

5. provide a Lighting Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

6. submit a Signage Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

7. provide full documentation of the heritage property at 357-359 Richmond Street West, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

8. provide a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning to secure all work included in the approved Conservation Plan and Interpretation Plan.

b. that prior to the release of the Letter of Credit required in Recommendation 2.a.8 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 and the required commemoration and 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, Urban Design, City Planning; and

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

3. City Council authorize the amending of the existing Heritage Easement Agreement registered on title for the heritage properties at 120, 122-124 Peter Street and 357-359 Richmond Street West, Instrument #AT6157630 dated August 10, 2022 or, as determined appropriate by the Senior Manager, Heritage Planning, Urban Design, City Planning, in consultation with the City Solicitor, replace the entire existing Heritage Easement Agreement with a new Heritage Easement Agreement, to be entered into and registered on title to the lands replacing the existing Heritage Easement Agreement in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to introduce any necessary Bill in Council to amend or replace the Heritage Easement Agreement.

Anne Fisher, Program Manager, Heritage Preservation Services, Development Review, Urban Design, City Planning gave a presentation on 120, 122-124, 126-128 Peter Street and 357-359 Richmond Street West - Alterations to, Demolition and Construction of, Buildings under Sections 42 of the Ontario Heritage Act and Authority to Amend a Heritage Easement Agreement.

This report recommends that City Council approve alterations, demolition and new construction works for the properties at 120, 122-124, 126-128 Peter Street and 357-359 Richmond Street West under Part V, Section 42 of the Ontario Heritage Act, in connection with the development of the site consisting of a new 40-storey mixed-use structure integrated with new and heritage base buildings. This report also recommends that City Council grant authority to amend the existing Heritage Easement Agreement (or execute a new Heritage Easement Agreement if needed), in connection with the proposed development of the property.

The subject property is situated in the King-Spadina Heritage Conservation District (KSHCD). It includes two heritage structures - a Victorian row house in the Second Empire style at 120 Peter Street (known as the John Holdford House) and a pair of semi-detached Bay-n-Gable style houses (known as the Margaret Grimmon Houses) at 357-359 Richmond Street West. These are noted as contributing properties within the KSHCD Plan. In addition, the subject lands include a single storey non-contributing property at 126-128 Peter Street. The heritage building that previously existed at 122-124 Peter Street was demolished following a fire in 2018.

City Council agreed to a settlement of an appeal against a Zoning By-law Amendment for this site in 2018 to allow for the construction of a 42-storey mixed-use building. Subsequently a revised settlement proposal was approved by the OLT in 2020. This allowed for the construction of a 39-storey mixed use building. A conservation strategy was approved as part of this mediated settlement under the Ontario Heritage Act. The approved conservation strategy proposed that the property at 120 Peter Street would be conserved in situ while the property at 357-359 Richmond Street would be relocated approximately 3 metres to the east (for enhanced laneway access) and restored. The building that had been on the property at 122-124 Peter Street would be reconstructed.

In June 2024, the applicant provided updated information about the condition of the masonry of the house-form properties at 357-359 Richmond Street West. Reports from a qualified engineer and a heritage consultant confirmed that the masonry is "in very poor, and in many places unsalvageable condition.” As such, they recommend that these buildings be demolished with a new building being constructed in their place, using salvaged material where possible. Staff have carefully reviewed the condition assessments and accept the consultant's opinion that the poor condition of the masonry prevents meaningful conservation of these buildings. As a result, the approved proposal has been revised to demolish the Margaret Grimmon Houses and mitigate this impact of the demolition by designing a new building that commemorates the heritage value of the houses and their contribution to the KSHCD.

As the KSHCD is now in full force and effect, the revised scheme must be assessed in relation to the policies in the KSHCD Plan and requires a new approval under Section 42 of the Ontario Heritage Act.  The conservation strategy for the John Holdford House at 120 Peter Street and the commemoration strategy for the property at 122-124 Peter Street remain as previously approved. The non-contributing building at 126-128 Peter Street will be demolished.

The proposed new 40-storey mixed use building is similar in size and form at that previously approved for the site and complies with the approved Zoning By-law Amendment for the site. As such this report relates solely to new approvals under the Ontario Heritage Act.

Through discussion of the revised strategy the detailed design of the base building at 126-128 Peter Street now includes complementary masonry and detailing that relate better to its context within the KSHCD and which comply with the policies of the KSHCD Plan. The proposed development is consistent with the existing provincial and municipal heritage policy framework and proposes an overall conservation and commemoration strategy that is consistent with the KSHCD Plan and is not contrary to the Plan's Objectives.