Public Notice

IN THE MATTER OF THE ONTARIO HERITAGE ACT

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

CITY OF TORONTO, PROVINCE OF ONTARIO

2102 LAWRENCE AVENUE EAST

NOTICE OF DECISION

TAKE NOTICE that the Council of the City of Toronto on December  17 and 18, 2024, has considered an application under Section 33 of the Ontario Heritage Act to alter a building and/or structure on a Property designated under Part IV, Section 29 of the Ontario Heritage Act for the Property municipally known as 2102 Lawrence Avenue East.

TAKE NOTICE that the Council of the City of Toronto on December 17 and 18, 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 2102 Lawrence Avenue East.  

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 consent to the application to alter the designated property at 2102 Lawrence Avenue East in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a new building with 12-storey and 6-storey components with the alterations to the designated heritage property being substantially in accordance with the plans and drawings prepared by KPMB Architects dated July 19, 2024  and the Heritage Impact Assessment prepared by ERA Architects Inc. dated August 1, 2024, both 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, and subject to conditions set out in Recommendation 3 below.

2. City Council consent to the demolition of the post-war additions on the north and west sides of the historic church building in accordance with Section 34 (1) 2 of the Ontario Heritage Act, to allow for the construction of the new residential structure and related landscaped areas, substantially in accordance with the Stage 1 Archaeological Resource Assessment of 2102 Lawrence Avenue East prepared by ASI Archaeological and Cultural Heritage Services, dated July 18, 2022, plans and drawings prepared by KPMB Architects dated July 19, 2024  and the Heritage Impact Assessment prepared by ERA Architects Inc. dated August 1, 2024, all on file with the Senior Manager, Heritage Planning, all subject to an in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions set out in Recommendation 3 below.

3. City Council direct that its consent to alter the designated property at 2102 Lawrence Avenue East under Part IV, Section 33 of the Ontario Heritage Act and its consent to the demolition of a building, being the postwar additions on the north and west sides of the historic church building on the subject designated heritage property under Part IV, Section 34(1) 2 of the Ontario Heritage Act, are also subject to the following conditions:

a. That the related site-specific Official Plan Amendment and Zoning By-law Amendment permitting the proposed alterations have been enacted by City Council and have come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

b. That prior to the introduction of the Bills for such Zoning By-law Amendment by City Council, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 2102 Lawrence Avenue East substantially in accordance with the plans and drawings prepared by KPMB Architects dated July 19, 2024  and the Heritage Impact Assessment prepared by ERA Architects Inc. dated August 1, 2024, both on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 3.b.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 the property at 2102 Lawrence Avenue East prepared by ERA Architects Inc. dated August 1, 2024, 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 2102 Lawrence Avenue East, 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. Have entered into a Heritage Easement Agreement with the City required in Recommendation 3.b.1.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 3.b.2, 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.

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 Lighting Plan for the heritage building on 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.

5. Provide a Landscape Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning.

6. Provide a Letter of Credit, including provision for upward 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.

d. That prior to the issuance of any permit involving subsurface impacts within the limits of Zion Wexford Cemetery, including a demolition permit or heritage permit, such as may be required by the demolition of the north post-war addition, or repairs to foundations of the historic church building at 2102 Lawrence Avenue East, the owner shall:

1. Provide written confirmation to the Senior Manager, Heritage Planning  that the owner has retained a consultant archaeologist, licensed by the Ministry of Citizenship and Multiculturalism, to undertake a Stage 2 Archaeological Assessment and/or Stage 3 Cemetery Investigation, and to implement the recommendations of this assessment (i.e., preservation, documentation, avoidance), as directed by the recommendations of the Stage 1 Archaeological Resource Assessment of 2102 Lawrence Avenue East, prepared by ASI Archaeological and Cultural Heritage Services, dated July 18, 2022, and entered into the Ontario Public Register of Archaeological Reports.

e. That prior to the issuance of the first above-grade permit for all or any part of the property at 2102 Lawrence Avenue East, 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. Submit a copy of all relevant assessment report(s) as an Acrobat PDF file, to the satisfaction of the Senior Manager, Heritage Planning.

2. Ensure no demolition, construction, grading or other soil disturbances shall take place within the limits of the Zion Wexford Cemetery prior to confirmation in writing by the Senior Manager, Heritage Planning that all archaeological licensing and technical review requirements have been satisfied.

f. That prior to the release of the Letter of Credit required in Recommendation 3.c.6, 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 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.

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 (30) days of December 19, 2024, which is January 20, 2025.

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 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.

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 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.SC18.6.