IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
127 STRACHAN AVENUE
NOTICE OF DECISION
This
notice is being served to the Owner of the Property, the Ontario Heritage Trust
and any Interested Persons.
The
decision of City Council, among other matters, regarding the application under
the Ontario Heritage Act is as follows:
1. City Council approve:
a. The alterations to the designated heritage property at 127 Strachan Avenue, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new 13-storey building substantially in accordance with the plans and drawings dated December 16, 2022 prepared by IBI Group and the Heritage Impact Assessment dated December 22, 2022 prepared by Goldsmith Borgal & Company Ltd. Architects all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.
b. The removal of the single storey
rear wing of the designated heritage property at 127 Strachan Avenue, in
accordance with Section 34 (1)1 of the Ontario Heritage Act to allow for the
construction of a new 13-storey building substantially in accordance with the
plans and drawings dated December 16, 2022 prepared by IBI Group and the
Heritage Impact Assessment dated December 22, 2022 prepared by Goldsmith Borgal
& Company Ltd. Architects all subject to, and in accordance with, a Conservation
Plan satisfactory to the Senior Manager, Heritage Planning, and subject to the
conditions as set out below.
2.
City
Council direct that it's consent to the application to alter the designated
property at 127 Strachan Avenue under Part IV, Section 33 of the Ontario
Heritage Act and its consent to the demolition of a heritage attribute, being
the single storey rear wing of the designated heritage property at 127 Strachan
Avenue, under Part IV, Section 34(1) 1 of the Ontario Heritage Act are also
subject to the following conditions:
a. That prior to any Ontario Land Tribunal Order
issued in connection with the Official Plan Amendment and Zoning By-law
Amendment appeal, the owner shall:
1. Enter into a Heritage Easement Agreement with the City for the property at 127 Strachan Avenue substantially in accordance with plans and drawings dated December 16, 2022 prepared by IBI Group and the Heritage Impact Assessment dated December 22, 2022 prepared by Goldsmith Borgal & Company Ltd. Architects, subject to and in accordance with the approved Conservation Plan required in Recommendation 2.a.2, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor.
2. Provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 127 Strachan Avenue dated December 22, 2022, prepared by Goldsmith Borgal & Company Ltd. Architects, to the satisfaction of the Senior Manager, Heritage Planning.
b. That prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 127 Strachan Avenue the owner shall:
1. Provide final Site Plan drawings including drawings related to the approved Conservation Plan required in Recommendation 2.a.2 to the satisfaction of the Senior Manager, Heritage Planning.
2. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.
3. 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.
4. Provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its 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. Submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning.
6. Provide a detailed Landscape Plan for the property at 127 Strachan Avenue, satisfactory to the Senior Manager, Heritage Planning.
c. That prior to the issuance of any permit for all or any part of the property at 127 Strachan Avenue, 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. 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.
2. 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, Heritage Lighting Plan and Interpretation Plan.
d. That prior to the release of the Letter of Credit required in Recommendation 2.c.2 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, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.
2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.
3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 127 Strachan Avenue 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 the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 127 Strachan Avenue.
IF YOU WISH TO APPEAL TO THE ONTARIO LAND TRIBUNAL:
Notice of an appeal of the decision of City
Council on the application to alter, erect, demolish or remove a building
and/or structure on the Property may be served on the City Clerk, Attention:
Administrator, Secretariat, City Clerk's Office, Toronto City Hall, 2nd Floor
West, 100 Queen Street West, Toronto, Ontario, M5H 2N2.; Email: hertpb@toronto.ca within thirty days of May 16, 2023, which is June 15, 2023.
A Notice of Objection of the decision of City Council on the application
to alter the Property under section 33 of the Ontario Heritage Act must:
(1)
set out the reasons
for the objection to the decision; and
(2) set
out the reasons in support of the objection to the decision.
A Notice of Appeal of the decision of City Council on the application to
demolish or remove a building and/or structure on the Property under section 34
of the Ontario Heritage Act must:
(1)
set out the reasons
for the objection to the decision;
(2)
set out the reasons
in support of the objection to the decision; and
(3)
be
accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in
the amount of $1,100 for each appeal payable by certified cheque or money order
to the Minister of Finance, Province of Ontario.
If you wish to appeal to the Ontario Land
Tribunal (OLT) or request a fee reduction for an appeal, forms are available
from the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/forms.
Who Can File An Appeal:
Only the owner of the
Property may appeal the decision of Council of the City of Toronto to the
Ontario Land Tribunal under Part IV, Section 33 of the Ontario Heritage Act,
and only where City Council has consented to an application to alter a
property with certain terms or conditions, or refuses the application to alter
a property.
Getting Additional Information:
Further information in respect of the Decision
of Council of the City of
Toronto on the matter is available from the City of
Toronto at:
https://secure.toronto.ca/council/agenda-item.do?item=2023.TE4.20
Dated at the City of Toronto on May 16, 2023.
John D. Elvidge
for City Clerk