The Decision Document is for preliminary reference purposes only.  Please refer to the Board’s Minutes for the official record.

Minutes Confirmed – October 22, 2009

The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1.         City Council adopt the revised Reasons for Designation as set out in Attachment No. 4 of this report.

2.         Upon receipt of the owner’s withdrawal of its notice of objection, the City Solicitor be authorized to introduce a bill in Council with the amended Reasons for Designation as set out in Attachment No. 4, designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council amend the Reasons for Designation for the properties at 395-405 Huron Street (Campus Co-op) as adopted by Council at its meeting of December 12 and 13, 2007, amend the Reasons for Designation for the property at 80 bpNichol Lane (Coach House Books) as adopted by Council at its meeting of May 26 and 27, 2008, and that Council pass the by-laws designating the properties at 395-405 Huron Street and 80 bpNichol Lane under Part IV, Section 29 of the Ontario Heritage Act.

Following its meeting of December 12 and 13, 2007, City Council served notice of its intention to designate the properties at 395-405 Huron Street under Part IV, Section 29 of the Ontario Heritage Act.  On February 15, 2008, the University of Toronto submitted an objection to the notice of intention to designate and the matter was referred to the Conservation Review Board.  In a letter dated July 15, 2008, the university also objected to Council’s notice of intention to designate the adjoining property at 80 bpNichol Lane, which followed the Council meeting of May 26 and 27, 2008 and was referred to the Conservation Review Board.  The University of Toronto has agreed to withdraw its two objections subject to minor revisions to the original Reasons for Designations (Attachments Nos. 3A and 3B) and their replacement by the Revised Reasons for Designation (Attachments Nos. 4A and 4B).

Heritage Preservation Services is satisfied that the revised Reasons for Designation will ensure that the properties’ cultural heritage values and attributes are preserved.

The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1.         City Council approve the alterations to the heritage property at 104 John Street, substantially in accordance with the Conservation Plan drawings prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services subject to the following conditions:

a.         prior to Zoning By-Law Amendment approval, the owner shall:

submit a Conservation and Rehabilitation Plan prepared by a qualified heritage consultant which has included the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; (3) feasibility study to further explore the method in which relocation of the structure would occur so that the integrity of the heritage structure is not physically compromised;

b.         prior to Site Plan approval, the owner shall:

provide additional information, based on the proposed Conservation Plan, to include documentation substantially in accordance with that outlined within Section 3.2.1 Option A (page 12) of the submitted Heritage Conservation Plan. Specifically, a detailed plan shall also be submitted to outline mitigation measures that address construction impacts relative to the on-site heritage structures.

submit plans for interpretive panels or other interpretive materials to communicate the development history of the property including the research content, design and location of the interpretive materials. The interpretation plan shall include panels or materials at both the existing location of the heritage building and the proposed location within the development site. All above components of the plan shall be to the satisfaction of the Manager of Heritage Preservation Services.

provide a landscape plan for the subject property to the satisfaction of the Manager of Heritage Preservation Services.

c.         prior to the issuance of any building permit, including a permit for the demolition, excavation, and/or shoring on the subject property, the owner shall:

provide a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan;

                provide final plans satisfactory to the Manager of Heritage Preservation Services;

d.         prior to the release of the Letter of Credit the applicant shall:

provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager of Heritage Preservation Services.

2.         City Council state its intention to designate the property at 104 John Street under Part IV, Section 29 of the Ontario Heritage Act.

3          If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, the City Solicitor be authorized to introduce the Bill in Council designating the property under Part IV of the Ontario Heritage Act.

4.         If there are any objections in accordance with Section 29(7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.

5.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property.

6.         The City Solicitor be authorized to introduce the necessary bill in Council authorizing the entering into a Heritage Easement Agreement.

That the Toronto Preservation Board recommend to the Toronto and East York Community Council that:

1.         City Council designate by by-law the area shown on Attachment No. 1 as the Kingswood Road South Heritage Conservation District, in accordance with Section 41 of the Ontario Heritage Act;

2.         City Council adopt by by-law the Kingswood Road South Heritage Conservation District Plan, dated June 5, 2009, as the District Plan for the Kingswood Road South Heritage Conservation District, for use by property owners, City staff, advisory committees and City Council when making decisions regarding matters set out under Section 42 of the Ontario Heritage Act;

3.         City Council amend the District Plan Section 8.5.1 to read, “Contributing Buildings

shall not be demolished;”

4.         If there are any objections to the by-law under Section 41 of the Ontario Heritage Act, the City Solicitor be directed to appear before the Ontario Municipal Board to defend the by-law;

5.         Until such time as the by-law designating the area as the Kingswood Road South Heritage Conservation District comes into force or is repealed, all properties within the area, unless designated under Part IV of the Ontario Heritage Act, be listed in the City’s Inventory of Heritage Properties.

6.         The height limit and minimum lot frontages in the zoning by-law be reviewed and amended as necessary to more closely match the guidelines in this District Plan.

This application proposes to develop the site at 2 O'Connor Drive, 2, 6, and 12 Fernwood Gardens with a 4-storey, 65-unit, residential-care and assisted living facility.  The John F. Taylor house, a listed heritage property located at 2 O’Connor Drive, will be preserved, partially restored and incorporated into the development proposal. All other buildings are to be demolished, including three buildings containing 36 residential rental units that are not proposed to be replaced. The applicant is applying for Official Plan Amendment, Rezoning and demolition under Municipal Code Chapter 667.

The Community Planning staff report for this application recommended refusal.  The key concerns noted in the report included lack of retention or replacement of the affordable rental housing and the fit of the proposal with the planned context of Fernwood Gardens. However the Toronto and East York Community Council (TEYCC) voted to approve the application at their meeting of November 10, 2009 and requested planning staff to prepare a report to come back to the January 12, 2010 meeting of TEYCC with conditions of approval for the application.

Following on the direction from TEYCC, this report provides a review of the applications as they relate to proposed conservation of the property under the Ontario Heritage Act, and recommends that Council designate the property at 2 O’Connor Drive under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value and ensure the preservation of the heritage attributes of the property.

The this Item be referred to the Community Preservation Panels for information.

a.         North York Community Preservation Panel

i.          Minutes of the meeting held on September 16, 2009

b.          Etobicoke York Community Preservation Panel

i.          Minutes of the meeting held on November 2, 2009

c.         Scarborough Community Heritage Preservation Panel

              i.        Minutes of the meeting held on November 10, 2009