IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
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 consent to the application to
alter the designated heritage properties at 5933 Steeles Avenue East and 5951
Steeles Avenue East, in accordance with Section 33 of the Ontario Heritage Act,
with such alterations substantially in accordance with the plans and drawings
prepared by Ware Malcomb Inc., dated October 18, 2024, and on file with the
Senior Manager, Heritage Planning, Urban Design, City Planning, and the
Heritage Impact Assessment, prepared by ERA Architects Inc., dated February 13,
2025, and on file with the Senior Manager, Heritage
Planning, Urban Design, City Planning, all subject to and in accordance
with the Conservation Plan satisfactory to the Senior Manager, Heritage
Planning, Urban Design, City Planning, and subject to the following additional
conditions:.
a. That prior to final Site Plan approval for the proposal, for the property
located at 5883-5951 Steeles Avenue East the owners shall:
1. Provide final Site Plan drawings substantially in accordance with the
approved Conservation Plans required in Recommendation 1.b.2 to the
satisfaction of the Senior Manager, Heritage Planning.
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 Plans to the satisfaction of the Senior
Manager Heritage Planning.
3. Provide a detailed Landscape Plan for the subject properties, to the
satisfaction of the Senior Manager, Heritage Planning.
4. Provide an Interpretation Plan for the subject properties, to the
satisfaction of the Senior Manager, Heritage Planning and thereafter shall
implement such Plans to the satisfaction of the Senior Manager, Heritage
Planning.
5. Submit Signage Plans for the subject properties, to the satisfaction
of the Senior Manager, Heritage Planning.
b. That prior to the issuance of any permit for the work described in
the Site Plan application, 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 owners shall:
1. Enter into Heritage Easement Agreements with the City of Toronto for
the heritage properties at 5933 Steeles Avenue East and 5951 Steeles Avenue
East, in accordance with the plans and drawings by Ware Malcomb Inc., dated
October 18, 2024, and on file with the Senior Manager, Heritage Planning, Urban
Design, City Planning, the Heritage Impact Assessment, prepared by ERA
Architects Inc., dated February 13, 2025, and in accordance with Conservation
Plans required in Recommendation 1.b.2 to the satisfaction of the Senior
Manager, Heritage Planning, including registration on title of such agreements
to the satisfaction of the City Solicitor.
2. Provide detailed Conservation Plans, prepared by a qualified heritage
consultant that are consistent with the conservation strategy set out in the
Heritage Impact Assessment, prepared by ERA Architects Inc., dated February 13,
2025, to the satisfaction of the Senior Manager, Heritage Planning.
3. Provide building permit drawings, including notes and specifications
for the conservation and protective measures keyed to the approved Conservation
Plans required in Recommendation 1.b.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.
4. Provide Letters 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
Plans and Interpretation Plan.
5. Provide full documentation of the existing heritage property,
including two (2) printed sets of archival quality 8” x 10” colour photographs
with borders in a glossy or semi-gloss finish and one (1) digital set on a USB
flash drive in tiff format and 600 dpi resolution keyed to a location map,
elevations and measured drawings, and copies of all existing interior floor
plans and original drawings as may be available, to the satisfaction of the
Senior Manager, Heritage Planning.
c. That prior to the release of the Letter of Credit required in
Recommendation 1.b.4, 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 Plans 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.
d. Despite Recommendation 1.b. above, prior to the issuance of any
conditional building permit as may be authorized by the Chief Building Official
and Executive Director, Toronto Building, in consultation with the Senior
Manager, Heritage Planning, and Executive Director, Development Review Division
for the work described in the Site Plan application for any part of the site,
but excluding permits for repairs and maintenance and usual and minor works for
the existing heritage buildings, the owner shall have:
1. obtained approval of the Conservation Plan required in Recommendation
1.b above from the Senior Manager, Heritage Planning;
2. provided 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
3. made sufficient progress in finalizing the Heritage Easement
Agreement satisfactory to the Senior Manager, Heritage Planning, in
consultation with the City Solicitor.
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 the Property may be served on the City
Clerk, Attention: Registrar Secretariat, City Clerk's Office, Toronto City
Hall, 2nd Floor West, 100 Queen Street West, Toronto, Ontario, M5H 2N2.; Email:
RegistrarCCO@toronto.ca within thirty days of April 28, 2025, which is May 28, 2025.
A Notice of Appeal 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.
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=2025.SC21.7.
Dated at the City of Toronto on April 28, 2025.
John D. Elvidge
City Clerk