Item - 2025.PB35.9

The Toronto Preservation Board recommends that:

1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to this report (September 9, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 to this report (September 9, 2025) from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report (September 9, 2025) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

Erin Smith, Senior Heritage Planner, Heritage Planning, Urban Design, City Planning gave a presentation on 505 University Avenue - Demolition of a Designated Heritage Property under Section 34(1)2 of the Ontario Heritage Act - Request for Directions.

The Toronto Preservation Board recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege and contains information regarding litigation or potential litigation.

On August 31, 2022, a Zoning By-law Amendment application was submitted to permit a 64-storey mixed-use building with 25,700 square metres of non-residential gross floor area and 704 dwelling units.  The historic Shell Oil Building at 505 University Avenue was proposed to be demolished, with some of its materials re-used in the construction of a new base building.

On October 23, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (the "Tribunal") due to Council's failure to make a decision within the timeframe in the Planning Act for 505 University Avenue.

On February 23, 2024, an Official Plan Amendment application was submitted to establish a Site and Area Specific Policy and among other matters, amend the Downtown Plan to remove the requirement to replace the existing non-residential gross floor area in the proposed development.

On July 9, 2024, the applicant appealed the Official Plan Amendment application to the Tribunal due to Council's failure to make a decision within the timeframe in the Planning Act.  The Official Plan Amendment and Zoning By-law Amendment applications for 505 University Avenue are referred to as the "Original Development Applications".

On September 2, 2025, the owner filed a Heritage Permit Application requesting Council's consent to demolish the designated heritage property at 505 University Avenue.

This report focuses on the owner's Heritage Permit application (described below) under Section 34(1)2 of the Ontario Heritage Act, which requests City Council's consent to demolish the historic former Shell Oil Building at the designated property at 505 University Avenue.  The Heritage Impact Assessment prepared by GBCA Architects dated August 22, 2025 (the "HIA"), including a comprehensive structural review (Heritage Retention Study) prepared by Jeff Watson, P. Eng, Jablonsky Ast and Partners dated November 25, 2024 (the "Heritage Structural Study") and a Site Investigation Report by Clifford Restoration dated October 8, 2024 and Stone Cladding memo prepared by Clifford Restoration dated January 13, 2025 (the "Site Investigation/Restoration Report") (collectively, the "Applicant's Heritage Impact Documents") all contained in Public Attachment 3 to this Report.

The Applicant's Heritage Impact Documents state that the demolition is being requested because of structural concerns with the existing building resulting from an "imbalance in the stiffness between the flexibility of the structural steel frame and that of the stiff Queenston Limestone masonry exterior".  This imbalance will over time cause the stone to become “over-stressed” and crack.  The Applicant's Heritage Impact Documents state that repairing the cracks will over time result in "a patchwork of mis-matched stones" that will result in "an accelerating loss of heritage value".  The Applicant's Heritage Consultant therefore recommends that the building be carefully dismantled and the Queenston Limestone be salvaged and reused as part of a new building that would commemorate the heritage building by incorporating its reconstructed facades as part of a new mixed-used building.

The owner now seeks City Council's consent to demolish the designated property at 505 University Avenue.  Council requires the advice of the Toronto Preservation Board in respect of matters which may impact a designated heritage property.