Public Notice

IN THE MATTER OF THE ONTARIO HERITAGE ACT

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

CITY OF TORONTO, PROVINCE OF ONTARIO

86 LOMBARD STREET

NOTICE OF DECISION

TAKE NOTICE that the Council of the City of Toronto on February 5, 2025,  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 86 Lombard Street.

TAKE NOTICE that the Council of the City of Toronto on February 5, 2025, 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 ADDRESS.  

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 heritage property at 86 Lombard Street in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed use building with such alterations substantially in accordance with the plans and drawings prepared by WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, as revised November 29, 2024, all 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 conditions as set out below; and

b.  the removal of the existing former Morgue Building on the heritage property at 86 Lombard Street to be relocated to the property municipally known as 100 (and 108) Lombard Street, in accordance with subsection 34(1)2 of the Ontario Heritage Act in connection with the approval of a new mixed use building substantially in accordance with the plans and drawings prepared by WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, as revised November 29, 2024, all 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 conditions as set out below.

2.  City Council direct that it consents to the application to alter the heritage property at 86 Lombard Street under Part IV, Section 33 of the Ontario Heritage Act and its consent to the removal of the existing building on the heritage property at 86 Lombard Street to 100 (and 108) Lombard Street under Part IV, Subsection 34(1)2 of the Ontario Heritage Act are also subject to the following conditions:

a.  that the related Zoning By-law Amendment permitting the proposed alterations and proposed removal has come into full force and effect;

b.  prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, the owner shall provide a detailed Conservation Plan (including a Relocation Strategy), prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, revised November 29, 2024, for the property at 86 Lombard Street, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

c.  prior to issuance of an Ontario Land Tribunal order in connection with the Zoning By-law Amendment appeal for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, the owner shall enter into a Heritage Easement Agreement with the City for the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East, substantially in accordance with the plans and drawings prepared by WZMH Architects and OMA, dated December 18, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 9, 2022, as revised November 29, 2024, subject to and in accordance with the Conservation Plan required in Recommendation 2.b. to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

d.  prior to the issuance of any permit for all or any part of the property at 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street 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, Urban Design, City Planning, the owner of the subject property shall:

1.  Provide a Heritage Lighting Plan that describe 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, Urban Design, City Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning;

2.  Provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

3.  Provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning;

4.  Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

5.  Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.b., 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, Urban Design, City 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, Urban Design, City Planning, to secure all work included in the approved Conservation Plan and Interpretation plans; and

7.  Provide Building Documentation documenting the entire site, including all the existing buildings and additions.

e.  that prior to the release of the Letter of Credit required in Recommendation 2.d.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 reconstruction 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, Urban Design, City Planning; and

2.  Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

f.  where the approved Conservation Plan required in Recommendation 2.b, contemplates removal of existing buildings and/or structures on 100 Lombard Street or 108 Lombard Street before relocation of the former Morgue Building on 86 Lombard Street, Recommendation 2. d. above, is deemed to authorize the Senior Manager, Heritage Planning, Urban Design, City Planning to consent to a partial permit being issued on 100 (and 108) Lombard Street, as required, to undertake preparatory work on 100 (and 108) Lombard Street, prior to the relocation of the former Morgue Building, as a whole building, without all matters under Recommendation 2.d. above being satisfied, except for Recommendations 2.d.7, and so long as said partial permit contains notes and specifications pertaining to any necessary protective measures for 86 Lombard Street, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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: 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 February 7, 2025, which is March 10, 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=2025.CC26.2.