Public Notice

IN THE MATTER OF THE ONTARIO HERITAGE ACT

R.S.O. 1990, CHAPTER O.18 AND

CITY OF TORONTO, PROVINCE OF ONTARIO

1783-1785 BAYVIEW AVENUE

NOTICE OF DECISION

TAKE NOTICE that the Council of the City of Toronto on March 20 and 21, 2024, has considered an application under Section 34(1)2 of the Ontario Heritage Act to demolish or remove, or permit the demolition or removal of a building and/or structure on the Property designated under Part IV, Section 29 of the Ontario Heritage Act for the Property municipally known as 1783-1785 Bayview Avenue.

The Decision of Council of the City of Toronto, among other matters, regarding the application under the Ontario Heritage Act is as follows:

1.  City Council consent to the demolition of the designated heritage building at 1783-1785 Bayview Avenue, in accordance with Section 34 of the Ontario Heritage Act, subject to the incorporation of the front (westerly) façade of such building into the new residential building at its southwest corner, as reflected in the Revised Plans and as described in the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 16, 2024, all subject to and in accordance with a Commemoration Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following further conditions:

a.  Prior to issuance of a final OLT Order in connection with the appeal of the ZBLA application for the Lands, the Owner shall:

i.  Enter into a Heritage Easement Agreement with the City for the property at 1783-1785 Bayview Avenue, substantially in accordance with the plans and drawings prepared by Arcadis, dated February 16, 2024, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated February 16, 2024, subject to and in accordance with the approved Conservation Plan required in Recommendation ii below, all to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

ii.  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 1783-1785 Bayview Avenue, prepared by GBCA, dated February 16, 2024, and details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning.

b.  Prior to final Site Plan Approval in connection with the proposed development on the Lands, the Owner shall:

i.  Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.a.ii above to the satisfaction of the Senior Manager, Heritage Planning;

ii  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;

iii.  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;

iv.  Provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning; and

v.  Submit a Signage 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 1783-1785 Bayview Avenue, 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:

i.  Obtain final approval for the necessary zoning by-law amendments required to permit the proposed development on the Lands substantially in accordance with the Revised Plans;

ii.  Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan 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;

iii.  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; and

iv.  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 CD 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.

d.  That prior to the release of the Letter of Credit required in Recommendation 1.c.iii. above, the Owner shall:

i.  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; and

ii. provide replacement Heritage Easement Agreement photographs 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 building and/or structure on 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 3, 2024, which is May 3, 2024.

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 subject of the application under Section 34 of the Ontario Heritage Act 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. The appeal may only be made where City Council has consented to an application to demolish or remove a building and/or structure on a property with certain terms or conditions, or refuses the application to demolish or remove the building and/or structure on 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=2024.CC16.7