IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
40 WABASH AVENUE
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 application to alter the designated heritage property at 40
Wabash Avenue, with conditions, under Part IV, Section 33 of the Ontario
Heritage Act to allow for the construction of a Community Recreation Centre
with such alterations substantially in accordance with the plans and drawings
dated March 20, 2026, prepared by Diamond Schmitt Architects and on file with
the Senior Manager, Heritage Planning and the Heritage Impact Assessment
prepared by Steven Burgess Architects ltd., dated December, 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.
b. the application to demolish the specified heritage attributes of the
designated heritage property at 40 Wabash Avenue, with conditions, under Part
IV, Section 34(1) 1 of the Ontario Heritage Act to allow for the construction
of a Community Recreation Centre with the removal of the specified heritage
attributes on the designated heritage property being substantially in
accordance with the plans and drawings dated March 20, 2026, prepared by
Diamond Schmitt Architects and on file with the Senior Manager, Heritage
Planning and the Heritage Impact Assessment prepared by Steven Burgess
Architects ltd., dated December, 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 heritage property at 40 Wabash Avenue in
accordance with Part IV, Section 33 of the Ontario Heritage Act, and its
consent to the demolition of heritage attributes at 40 Wabash Avenue, under
Part IV, Section 34(1)1 of the Ontario Heritage Act, are also subject to the
following conditions:
a. that prior to the issuance of any permit for all or any part of the
properties at 40 Wabash 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 leaseholder of the City-owned property shall:
1. 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 Steven Burgess Architects ltd.,
dated December, 2024, 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 exterior of
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 a plan to the satisfaction of the Senior
Manager Heritage Planning.
4. provide a detailed Landscape Plan for the subject property,
satisfactory to 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
Plans required in Recommendation 2.a.1 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.
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.
b. prior to the release of the Letter of Credit required in
Recommendation 2.a.6 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
and the required interpretive work has been completed
in accordance with the Conservation and Interpretation Plans and that an
appropriate standard of conservation has been maintained, all to the
satisfaction of the Senior Manager, Heritage Planning.
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 or the application to demolish
or remove a heritage attribute(s) 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:
RegistrarCCO@toronto.ca
within thirty (30) days of June 30, 2026, which
is July 30, 2026.
A Notice of Appeal 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 heritage attribute(s) 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.
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 34.1 of the Ontario Heritage Act,
and only where City Council has consented to an application to demolish or
remove a heritage attribute(s) with certain terms or conditions or refuses the
application to demolish or remove the heritage attribute(s) of 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=2026.TE33.16.
Dated at the City of Toronto on June 30, 2026.
John D. Elvidge
City Clerk