Minutes Confirmed on May 23, 2023

The Toronto Preservation Board recommends to the Planning and Housing Committee that:

1. City Council state its intention to designate the property at 4888 Dundas Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 4888 Dundas Street West (Reasons for Designation) attached as Attachment 3 to the report (April 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 4888 Dundas Street West under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

Located in the village of Islington area of Etobicoke on the north side of Dundas Street West, midblock between Burnhamthorpe Road and Burnhamthorpe Crescent, the property located at 4888 Dundas Street West, Alexander MacPherson House/Village of Islington Post Office (1887-1906) and Telephone Exchange (1912-1925), contains a brick Italianate house dating from 1879. The house helps to recall the historic development and location of the village of Islington.

The property was listed on the City's Heritage Register in 2006.

Staff have completed the Research and Evaluation Report for the property at 4888 Dundas Street West and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical value, historical/associative value, and contextual value. As such, the property is a significant built heritage resource.

On April 28, 2022, the City received an Official Plan Amendment and Zoning By-law Amendment application related to the proposed redevelopment of the subject property. The proposal is for a 12-storey building to be developed around the existing house on the north and west sides.

A Heritage Impact Assessment completed by GBCA Architects and dated April 26, 2022 was submitted to support the application. An Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act.

The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The City Clerk issued a complete application notice on June 10, 2022. The property owner has provided a waiver to extend the 90-day timeline established under Bill 108 until one month before the final recommendation report for the Official Plan Amendment and Zoning Bylaw Amendment applications for the subject property is to be considered by the Etobicoke York Community Council. Therefore Council must make a decision at the meeting preceding its decisions on the proposed Official Plan and Zoning Bylaw amendments to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires. 

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act came into effect on January 1, 2023. 

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the Heritage Register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is in effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The property meets four criteria relating to design/physical, historical/associative, and contextual values.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Toronto Preservation Board recommends to the Planning and Housing Committee that:

1. City Council state its intention to designate the property at 1313 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 1313 Queen Street West (Reasons for Designation) attached as Attachment 3 to the report (April 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

Megan Albinger, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 1313 Queen Street West - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 1313 Queen Street West under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The property at 1313 Queen Street West is prominently situated on the southwest corner of Queen Street West and Cowan Avenue, where it is part of an important cluster of civic buildings in the Parkdale neighbourhood. The building was constructed as the former Police Station Number 6 in 1931-32 to the designs of the City Architect's Office led by City Architect J.J. Woolnough, Deputy City Architect K.S. Gillies and designer S.T.J. Fryer, and has a high degree of artistic merit, reflecting architectural detailing and principles from both the Art Deco and Art Moderne styles. It was decommissioned as a police station in 1965, but thereafter continued to fulfill an integral role in the Parkdale community as the site of emergency and low-income housing, and more recently as the Parkdale Arts and Cultural Centre. For all of these reasons, the property is a landmark within the Parkdale neighbourhood.

The property was listed on the City of Toronto's Heritage Register in 1983 and was identified in the Parkdale Main Street Heritage Conservation District Plan (currently under appeal) as a contributing property and a landmark building.

Staff have completed the Research and Evaluation Report for the property at 1313 Queen Street West and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design and physical, historical and associative, and contextual values. As such, the property is a significant built heritage resource.

The property is one of several properties comprising the City-led Parkdale Hub project, a strategic city-building initiative that aims to revitalize and expand upon an existing cluster of City-owned facilities and community services located at Queen Street West and Cowan Avenue, including the Parkdale Library and the Masaryk-Cowan Community Recreation Centre. Heritage staff have been working closely with Parkdale Hub project team and in Q2 2023 the Parkdale Hub will be presented to City Council for inclusion in the Housing Now Initiative, supporting the proposed rental housing development that will form part of the project.

In December 2022, CreateTO prepared a Zoning By-law Amendment submission, as the City's agent, to facilitate the Parkdale Hub. The submission relates to the proposed redevelopment of the subject property, which is proposed to be the location of the future Toronto Public Library Parkdale branch. The Parkdale Hub proposal would retain a substantial portion of the Part IV designated property at 220 Cowan Avenue for the proposed renovation of the existing Masaryk-Cowan Community Recreation Centre, as well as a substantial portion of the subject property at 1313 Queen Street West (former Police Station Number 6) in situ. The proposed design would require the removal and/or relocation of the metal gate on the west side of the property, demolition of some exterior walls that do not face the public realm, and modifications to entrances to provide for universal accessibility for these publicly-owned buildings.

A Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. A Cultural Heritage Evaluation Report and Heritage Impact Assessment completed by ERA Architects Inc. and dated December 15, 2022 were included with the submission.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act came into effect on January 1, 2023.  A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Toronto Preservation Board recommends to the Planning and Housing Committee that:

1. City Council state its intention to designate the property at 15 Elm Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 15 Elm Street (Reasons for Designation) attached as Attachment 3 to the report (April 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

Liz McFarland, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 15 Elm Street - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 15 Elm Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value for its design, associative and contextual values.

Located on the south side of Elm Street between Yonge and Bay streets, the property

at 15 Elm Street contains a 2-storey house-form building completed by 1868. The Georgian Revival style property represents a rare surviving example of a Confederation-era house-form building and is part of a broader collection of 19th-century dwellings adapted at street level in the early-20th century to accommodate commercial storefronts. This residential/commercial mixed-use typology continues to define the south side of Elm Street between Yonge and Bay Streets within the city's historic St. John's Ward "The Ward" neighbourhood. On the north side of Elm Street, the Richardsonian Romanesque St. George's Hall (Arts & Letters Club) and the YMCA, both completed in 1891 and located at 14 and 18 Elm Street, respectively, are designated under the Ontario Heritage Act and complete the remaining heritage building stock from this early period at the east end of Elm Street. Together, this 19th-century collection of various historic building types and uses speaks to the uniqueness of Elm Street – a destination for locals and visitors alike.

On September 13, 2022, the City received a Zoning By-law Amendment application to redevelop the subject site by demolishing the existing buildings at 15 and 17 Elm Street and constructing a new 30-storey mixed use building. The redevelopment proposes 174 dwelling units resulting in a total of 14,163 sq. m of residential gross floor area and 200 sq. m of non-residential GFA which results in a total Floor Space Index of 18.12. (22 202864 STE 11 OZ).

A Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. The property is not listed on the Heritage Register, however, a Cultural Heritage Evaluation Report completed by ERA Architects Inc. and dated December 22, 2022 was submitted to support the application.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. The City Clerk issued a complete application notice on November 10, 2022.

The property owner has provided a waiver to extend the 90-day timeline established under Bill 108 through May 26, 2023. As such, City Council must make a decision at its May 10, 2023 meeting to provide sufficient time for City Clerk to issue a notice of intention to designate before the waiver expires.

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act amended prescribed event requirements under Section 29(1.2) of the Ontario Heritage Act and came into effect on January 1, 2023.

The application currently under review was deemed complete prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which came into effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The property meets four criteria relating to design/physical, historical/associative, and contextual values.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Toronto Preservation Board recommends to the Planning and Housing Committee that:

1. City Council state its intention to designate the property at 789-793 Don Mills Road (including the active entrance at 793 Don Mills Road) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 789-793 Don Mills Road (Reasons for Designation) attached as Attachment 3 to the report (April 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

Pourya Nazemi, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 789-793 Don Mills Road - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 789-793 Don Mills Road (including entrance address at 793 Don Mills Road) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value.

The Independent Order of Foresters, a historic fraternal organization which was established in Canada in the 1870s to provide insurance to working class families, constructed its corporate headquarters building, known as Foresters House, at 789-793 Don Mills Road in 1965-1967 on the east side of Don Mills Road just south of Eglinton Avenue East. Foresters House was part of Olympia Square complex, developed by Olympia and York, and has been a landmark in Don Mills for more than 55 years.  

The Foresters House, a 22-storey office tower complex, is a representative example of a skyscraper typology constructed in the Late Modern style connecting to a low rise two-storey pavilion building (one storey is visible from the street). It originally contained restaurants and shops, along with a separate parking structure to the rear (east) of the tower. The office tower complex was designed by Kaljo Voore, an Estonian Canadian architect, of Bregman and Hamman with Craig, Zeidler & Strong. The office tower is accessed from a raised plaza, with a double-storey, fully-glazed ground floor along with a sunken, out-door garden with a sloping lawn. These are features of Late Modernism and adhere to the Flemingdon Park planning principles, which were developed by Macklin Hancock, and include landscaped setbacks. The same features were also core principles in the Don Mills planned community to the north. 

Staff have determined that the property meets two or more of the nine criteria under Ontario Regulation 9/06, - the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act relating to design and physical, historical and associative, and contextual values.

The subject property was recommended for inclusion on the Heritage Register in the Don Mills Crossing Final Report, Cultural Heritage Resource Assessment adopted by City Council on April 17, 2019.

The Toronto Preservation Board adopted item PB12.3, Inclusion on the City of Toronto's Heritage Register – Don Mills Crossing, on December 2, 2019. At its meeting of January 29, 2020, the City Council adopted a supplementary report that deferred consideration of seven properties including the subject property at 789-793 Don Mills Road for inclusion on the City's Heritage Register, which provided City staff more time to communicate with the property owners.

City staff had two productive meetings with the Overland LLP, on behalf of Foresters - the property owner, to discuss and review the draft Statement of Significance for listing the property at 789-793 Don mills Road in November 2019 and February 2020 just prior to the onset of the COVID pandemic. City staff delayed a report on listing pending the outcome on the Ontario Land Tribunal (OLT) appeal of Official Plan Amendment 404 (OPA 404) since the subject property is located in the Core Character Area within the Don Mills Crossing Secondary Plan (OPA 404) boundary, and identified as a heritage potential property on Map 40-9 Views and Vistas. OPA 404 states that the view to the Foresters Headquarters at 789 Don Mills Road will be enhanced by providing views from the south-east corner of St. Dennis Drive and Don Mills Road to the westernmost 20-foot bay system of windows on the southern tower façade of the Foresters Headquarters above the tenth storey of the building as well as views to the upper floors of the Foresters Headquarters from Eglinton Avenue East near the CP Rail Corridor bridge. OPA 404 came into effect on December 4, 2020.

The property was sold in March 2022.[1] The new owner submitted an Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval application for the subject site on July 29, 2022. The application proposes a three phase redevelopment with four new towers and demolition of the existing two-storey building[2] (north of the Foresters tower) to create a Privately-Owned Publicly Accessible Open Space (POPS). On February 21, 2023, the applicant appealed the application to the Ontario Land Tribunal due to City Council not making a decision within the 120-day time frame in the Planning Act.

A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and is considered when determining the conservation of a heritage property. An HIA was submitted as part of the Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval application on July 29, 2022.

The City Clerk issued a complete application notice on October 14, 2022. On November 7, 2022 the property owner provided a waiver to extend the 90-day timeline established under Bill 108 until June 14, 2023. Council must make a decision at its May 10, 2023 meeting to provide sufficient time for City Clerk to issue a notice of intention to designate before the waiver expires.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act (the Act). The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act came into effect on January 1, 2023.

The Prescribed Event took place prior to Bill 23 changes to the Ontario Heritage Act coming into force, however, the Part IV designation must be in compliance with the Province's amended O. Reg. 9/06 under the Ontario Heritage Act, which is in effect as of January 1, 2023. The revised regulation establishes nine provincial criteria for determining whether a property is of cultural heritage value or interest.

A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The subject property meets six criteria relating to design/physical, historical/associative, and contextual values.

Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Toronto Preservation Board recommends to the North York Community Council that:

1. City Council include the property located at 817 Mount Pleasant Road on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion) attached as Attachment 1 to the report (April 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

Gary Miedema, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 817 Mount Pleasant Road - Inclusion on the Heritage Register.

This report recommends that City Council include 817 Mount Pleasant Road on the

City of Toronto's Heritage Register for its cultural heritage value and interest.

The subject property, St. Peter's Estonian Lutheran Church, recommended for inclusion on the City's Heritage Register has been researched and evaluated by staff using the criteria prescribed in Ontario Regulation 9/06 and the property meets one or more of the provincial criteria for determining cultural heritage value or interest and is believed to be of cultural heritage value or interest.

The subject property includes a Mid-Century Modernist style church designed and completed in 1955 by Estonian-Canadian architect Michael Bach which as a place of worship has significant historical and associative connections to the Estonian-Canadian community.

In 2018, the Midtown in Focus Study Cultural Heritage Resource Assessment identified 817 Mount Pleasant Avenue as having potential cultural heritage value. The Yonge-Eglinton Official Plan Amendment (OPA 405) identifies the property on Map 21-10.

On January 1, 2023, amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) came into effect. Under the Act as amended, a municipal heritage register may include properties that have not been designated but Council believes to be of "cultural heritage value or interest", and that meet one or more of the provincial criteria for determining whether they are of cultural heritage value or interest. The Act now also limits listing to a period of two years.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application, properties must be listed on the heritage register prior to Part IV designation and before the occurrence of a prescribed event. A prescribed event is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The listing of non-designated properties on the municipal heritage register under the Act also extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Act should a development or demolition application be submitted.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Heritage Impact Assessments are required for development applications that affect listed properties.

The Toronto Preservation Board recommends that:

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (April 6, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (April 6, 2023) from the City Solicitor, if adopted by City Council, only at the discretion of the City Solicitor.

3. City Council direct that all other information contained in Confidential Attachment 1 to the report (April 6, 2023) from the City Solicitor is to remain confidential, as it contains advice which is subject to litigation and solicitor-client privilege.

The purpose of this report is to seek further instruction in relation to a development application for a site that contains heritage resources, and a related ongoing appeal at the Ontario Land Tribunal.

The Toronto Preservation Board received the following Minutes, for information:

1. Etobicoke York Community Preservation Panel from the meeting held on July 13, 2022.

2. Etobicoke York Community Preservation Panel from the meeting held on September 14, 2022.

3. Etobicoke York Community Preservation Panel from the meeting held on October 12, 2022.

4. Etobicoke York Community Preservation Panel from the meeting held on November 9, 2022.

5. Etobicoke York Community Preservation Panel from the meeting held on December 14, 2022.

6. Etobicoke York Community Preservation Panel from the meeting held on January 11, 2023.

7. Etobicoke York Community Preservation Panel from the meeting held on February 8, 2023.

8. Toronto and East York Community Preservation Panel from the meeting held on October 31, 2022.

9. Toronto and East York Community Preservation Panel from the meeting held on November 28, 2022.

10. Toronto and East York Community Preservation Panel from the meeting held on January 4, 2023.

11. Toronto and East York Community Preservation Panel from the meeting held on February 6, 2023.

12. Toronto and East York Community Preservation Panel from the meeting held on March 20, 2023.

Preservation Panel Minutes

Announcements

The Chair and Members gratefully acknowledge that the Toronto Preservation Board meets on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. We also acknowledge that Toronto is covered by Treaty 13 with the Mississaugas of the Credit.

This meeting of the Toronto Preservation Board was conducted by electronic means and the proceedings of the Toronto Preservation Board were conducted publicly.