Item - 2025.PB37.6

The Toronto Preservation Board recommends that:

1. City Council approve:

a. the alterations to the designated heritage property at 509 Parliament Street under Section 33 of the Ontario Heritage Act to allow for the construction of a 10-storey mixed-use building, with such alterations to the designated heritage property being substantially in accordance with the plans and drawings prepared by RAW Architects Inc., dated June 18 2025, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated June 20, 2025, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with an approved Conservation Plan and drawings satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; and

b. the demolition of heritage attributes of the existing designated heritage property at 509 Parliament Street accordance with Section 34(1) 1 of the Ontario Heritage Act to allow for the construction of a 10-storey mixed-use building substantially in accordance with the plans and drawings prepared by RAW Architects Inc., dated June 18 2025, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated June 20, 2025, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with an approved Conservation Plan and drawings satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.

2. City Council direct that its consent to the application to alter the designated heritage property at 509 Parliament Street, in accordance with Part IV, Section 33 of the Ontario Heritage Act, and its consent to the demolition of heritage attributes at 509 Parliament Street, under Part IV, Section 34(1) 1 of the Ontario Heritage Act are also subject to the following conditions:

a. the related Zoning By-law Amendment requiring the proposed alterations has been enacted by the City Council and has come into full force and effect; and

b. prior to the introduction of the Zoning By-law Amendment bill to City Council, the owner shall:

1. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 509 Parliament Street, prepared by ERA Architects Inc., dated June 20, 2025, to the satisfaction of the Senior Manager, Heritage Planning;

2. enter into a Heritage Easement Agreement with the City for the property at 509 Parliament Street substantially in accordance with the plans and drawings prepared by RAW Architects Inc., dated June 18 2025, and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated June 20, 2025, subject to and in accordance with the Conservation Plan required in Recommendation 2.b.1 above, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

3. withdraw their objection to the designation of the property at 509 Parliament Street under Part IV, Section 29 of the Ontario Heritage Act with the Ontario Land Tribunal; and

c. that prior to the issuance of any permit for all or any part of the property at 509 Parliament Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings, as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. have entered into a Heritage Easement Agreement with the City required in Recommendation 2.b.1 above for the property at 509 Parliament Street including registration on title of such agreement, to the satisfaction of the City Solicitor;

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

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.b.1 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;

4. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance their 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 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;

6. submit a Signage Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning;

7. 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; and

8. withdraw their objection to the designation of the property at 509 Parliament Street under Part IV, Section 29 of the Ontario Heritage Act with the Ontario Land Tribunal; and

d. that prior to the release of the Letter of Credit required in Recommendation 2.c.7 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 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.

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 heritage property at 509 Parliament Street.

4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

Neil MacKay, Heritage Planner, Heritage Planning, Urban Design, City Planning gave a presentation on 509 Parliament Street (Carlton Theatre) - Alterations and Demolition of Heritage Attributes of a Designated Heritage Property under Section 33 and 34 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement.

This report recommends that City Council approve an application under Section 33 and Section 34(1) 1 of the Ontario Heritage Act to alter and demolish heritage attributes of a designated heritage property at 509 Parliament Street (the Carlton Theatre), in connection with a Zoning By-law amendment application on the subject property, and that Council grant authority to enter into a Heritage Easement Agreement.

The subject property contains a one-storey brick masonry building constructed in 1929 as a movie theatre. The property is designated under Part IV, Section 29 of the Ontario Heritage Act. Toronto City Council adopted Designation By-law 103-2024 on February 7, 2024; however, the Designation By-law is currently under appeal before the Ontario Land Tribunal and is not in force and effect.

On March 21, 2023, the City received a Zoning By-law amendment application related to the proposed development of the subject property to permit a 10-storey mixed-use building. The proposed development includes the in-situ retention of the west (primary) elevation of the theatre along Parliament Street. A Heritage Impact Assessment prepared by ERA Architects Inc., dated June 20, 2025, was submitted to support the development application.

Through revisions to the application, Heritage Planning staff are satisfied that the proposal conserves the designated heritage property and is consistent with the policy framework. The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.