IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
221 STERLING ROAD
(INCLUDING ACTIVE ENTRANCE ADDRESES AT 225 AND 227 STERLING
ROAD)
NOTICE OF DECISION
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 221 Sterling Road (including active entrances
at 225 and 227 Sterling Road), in accordance with Section 33 of the Ontario
Heritage Act, for the construction of a new residential building that
includes three towers, in conjunction with an appeal to the Ontario Land
Tribunal, comprised of the plans and drawings prepared by Turner Fleisher
Architects Inc., and dated February 1, 2023, submitted with the Heritage Impact
Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated
February 10, 2023, all subject to and in accordance with a Conservation Plan
satisfactory to the Senior Manager, Heritage Planning and subject to conditions
as set out in Recommendation 2 below.
b. The removal of the heritage
attributes from the designated heritage property at 221 Sterling Road
(including active entrances at 225 and 227 Sterling Road), in accordance with
Section 34(1)1 of the Ontario Heritage Act to allow for the construction
of a new residential building that includes three towers, in conjunction with
an appeal to the Ontario Land Tribunal, comprised of the plans and drawings
prepared by Turner Fleisher Architects Inc., and dated February 1, 2023,
submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal
& Company Ltd. Architects, dated February 10, 2023, 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 in Recommendation 2
below.
2. City
Council direct that its consent to the application to alter the designated
property at 221 Sterling Road (including active entrances at 225 and 227
Sterling Road) under Part IV, Section 33 of the Ontario Heritage Act and
its consent to the demolition of heritage attributes, of the designated
heritage property at 221 Sterling Road (including active entrances at 225 and
227 Sterling Road), under Part IV, Section 34(1)1 of the Ontario Heritage
Act are also subject to the following conditions:
a. Prior to issuance of an OLT
order in connection with the Zoning By-law Amendment and Draft Plan of
Subdivision appeals for the property at 221 Sterling Road (including active
entrances at 225 and 227 Sterling Road), the owner shall:
1. Enter into a Heritage Easement
Agreement with the City for the property at 221 Sterling Road (including active
entrances at 225 and 227 Sterling Road), substantially in accordance with plans
and drawings prepared by Turner Fleisher Architects Inc. and dated February 1,
2023, submitted with the Heritage Impact Assessment prepared by Goldsmith
Borgal & Company Ltd. Architects dated February 10, 2023, subject to
and in accordance with the approved Conservation Plan required in
Recommendation 2.a.2, all 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 221 Sterling Road (including active entrances at
225 and 227 Sterling Road), prepared by Goldsmith Borgal & Company Ltd.
Architects, dated February 10, 2023, and details all future conservation
efforts as part of this application, all to the satisfaction of the Senior
Manager, Heritage Planning; and
3. Withdraw the appeal of the
heritage designation by-law 1130-2022 at the Ontario Land Tribunal (Case
OLT-22-004437).
b. Prior to Final Site Plan
approval in connection with the Zoning By-law Amendment for the property at 221
Sterling Road (including active entrances at 225 and 227 Sterling Road), 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. 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;
3. 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;
4. Submit a Signage Plan for the
proposed development to the satisfaction of the Senior Manager, Heritage
Planning; and
5. Submit a Landscape Plan for
the proposed development to the satisfaction of the Senior Manager, Heritage
Planning.
c. That prior to the issuance of
any permit for all or any part of the property at 221 Sterling Road (including
active entrances at 225 and 227 Sterling Road), 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. Obtain final approval for the
necessary by-law amendments required for the alterations to the property at 221
Sterling Road (including active entrances at 225 and 227 Sterling Road), such
amendments to have been enacted by City Council in connection with an Ontario
Land Tribunal Order and to have come into effect in a form and with content
acceptable to City Council as determined by the Chief Planner, City Planning in
consultation with the Senior Manager, Heritage Planning;
2. 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; and
3. 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, Landscape
Plan, and Interpretation Plan.
d. That prior to the release of
the Letter of Credit required in Recommendation 2.c.3. 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, Landscape 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 entering into of a
Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 221
Sterling Road (including active entrances at 225 and 227 Sterling Road) 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 221 Sterling Road (including
active entrances at 225 and 227 Sterling Road).
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.CC6.4
Dated at the City of Toronto on May 16, 2023.
John D. Elvidge
for City Clerk