Item - 2025.TE20.12

The Toronto and East York Community Council recommends that:

1. City Council consent to the application to alter the contributing designated building at 46 Spadina Avenue and demolish the non-contributing designated building at 58 Spadina Avenue and two outbuildings at 46 Spadina Avenue, with conditions, under Part V, Section 42 of the Ontario Heritage Act, to allow for the construction of a 30-storey mixed-use building at 46-58 Spadina Avenue and 378 Wellington Street West, with such alterations being substantially in accordance with the plans and  drawings dated October 29, 2024 prepared by Wallman Architects Inc., and on file with the Senior Manager, Heritage Planning, and the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, revised October 29, 2024 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning.

2. City Council direct that its consent to the application to alter the designated property at 46 Spadina Avenue and demolish the non-contributing designated building at 58 Spadina Avenue and two outbuildings at 46 Spadina Avenue under Part V, Section 42 of the Ontario Heritage Act is also subject to the following conditions:

a. prior to any Local Planning Appeals Tribunal Order issuing in connection with the Official Plan and Zoning By-law Amendment Bills to City Council, the Owner shall 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 prepared by ERA Architects, dated July 22, 2022, revised October 29, 2024 to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to the issuance of any permit for all or any part of the properties at 46 Spadina Avenue, 58 Spadina Avenue, and 378 Wellington 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, as are acceptable to the Senior Manager, Heritage Planning, the Owner shall:

1. have obtained final approval for the necessary Official Plan Amendment and Zoning By-law Amendment, and such Amendments have come into full force and effect;

2. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties 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;

3. provide an Interpretation Plan for the subject properties, 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. submit a Signage Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Planning;

5. 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. 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

6. 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

c. prior to the release of the Letter of Credit required in Recommendation 2.b.6. above, the Owner shall 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.

This report recommends that City Council approve the alterations, demolition and new construction works for the properties at 46 Spadina Avenue, 58 Spadina Avenue and 378 Wellington Street West under Section 42, Part V of the Ontario Heritage Act, in connection with the development of the site.

The property at 46 Spadina Avenue (including 40, 42, 44 and 50 Spadina Avenue) includes a 4-storey building that was constructed in 1907 with later additions in the 1940s. It is known as the "Systems Building" and is identified as a contributing Industrial/Commercial building within the King-Spadina Heritage Conservation District (KSHCD) Plan. The properties at 58 Spadina Avenue (including 60 Spadina Avenue) and 378 Wellington Street West are non-contributing properties in the KSHCD Plan.

An Official Plan and Zoning By-law Amendment application for the subject properties was received in August 2022 for the construction of a 28-storey mixed-use building with a 4-storey podium featuring commercial retail at-grade and 521 dwelling units in a new residential tower. The applicant subsequently appealed this application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame prescribed in the Planning Act. Revised plans have been submitted by the applicant with prejudice, as reflected in this report.

On July 16, 2024 the applicant submitted an application under Section 42 of the Ontario Heritage Act to alter the designated Systems Building and demolish three small adjacent buildings to allow for the construction of a new 30-storey mixed-use building within the King-Spadina Heritage Conservation District.

The proposal will feature in-situ retention of the entire primary east façade, the eastern portion of the south façade and a partial west return wall of the Systems Building at 46 Spadina Avenue. The eastern portion of its north façade will be partially reconstructed. The remainder of the Systems Building as well as two small outbuildings to its north will be demolished to allow for the construction of a 30-storey tower. The tower is set back 4.9-5.4m from the front façade along Spadina Avenue and 3.12m from the south façade. The non-contributing building at 58 Spadina Avenue is also proposed to be demolished.

The proposed development is consistent with the existing provincial and municipal heritage policy framework and proposes an overall conservation strategy that is consistent with the KSHCD Plan and is not contrary to the Plan's Objectives.

At its meeting on February 12, 2025 the Toronto Preservation Board considered Item PB28.4 and made recommendations to City Council.

Summary from the report (January 29, 2025) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations, demolition and new construction works for the properties at 46 Spadina Avenue, 58 Spadina Avenue and 378 Wellington Street West under Section 42, Part V of the Ontario Heritage Act, in connection with the development of the site.

The property at 46 Spadina Avenue (including 40, 42, 44 and 50 Spadina Avenue) includes a 4-storey building that was constructed in 1907 with later additions in the 1940s. It is known as the "Systems Building" and is identified as a contributing Industrial/Commercial building within the King-Spadina Heritage Conservation District (KSHCD) Plan. The properties at 58 Spadina Avenue (including 60 Spadina Avenue) and 378 Wellington Street West are non-contributing properties in the KSHCD Plan.

An Official Plan and Zoning By-law Amendment application for the subject properties was received in August 2022 for the construction of a 28-storey mixed-use building with a 4-storey podium featuring commercial retail at-grade and 521 dwelling units in a new residential tower. The applicant subsequently appealed this application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame prescribed in the Planning Act. Revised plans have been submitted by the applicant with prejudice, as reflected in this report.

On July 16, 2024 the applicant submitted an application under Section 42 of the Ontario Heritage Act to alter the designated Systems Building and demolish three small adjacent buildings to allow for the construction of a new 30-storey mixed-use building within the King-Spadina Heritage Conservation District.

The proposal will feature in-situ retention of the entire primary east façade, the eastern portion of the south façade and a partial west return wall of the Systems Building at 46 Spadina Avenue. The eastern portion of its north façade will be partially reconstructed. The remainder of the Systems Building as well as two small outbuildings to its north will be demolished to allow for the construction of a 30-storey tower. The tower is set back 4.9-5.4m from the front façade along Spadina Avenue and 3.12m from the south façade. The non-contributing building at 58 Spadina Avenue is also proposed to be demolished.

The proposed development is consistent with the existing provincial and municipal heritage policy framework and proposes an overall conservation strategy that is consistent with the KSHCD Plan and is not contrary to the Plan's Objectives.