Public Notice

Take notice that the City of Toronto passed By-law No. 1272-2018 on the 27th day of July 2018, to designate the Kensington Market Neighbourhood as a Heritage Conservation District Study Area.

A copy of the By-law, an explanation of the purpose and effect of the By-law, and a map showing the location of the lands to which the By-law applies, are attached.  In lieu of a key map, a map of the subject lands is reproduced in this notice as Schedule A to the By-law.

Take notice that an appeal to the Local Planning Appeal Tribunal in respect to all or part of this By-law may be made by filing a notice of appeal with the City Clerk, Attention:  Ellen Devlin, Administrator, Toronto and East York Community Council, 100 Queen Street West, 2nd Floor West, Toronto, ON M5H 2N2, no later than September 21, 2018.

A Notice of Appeal will:

1.  set out the reasons for the appeal; and

2.   be accompanied by the fee prescribed under the Local Planning Appeal Tribunal Act in the amount of $300.00 payable by cheque to the Minister of Finance, Province of Ontario.

Who Can File An Appeal:

Any person who objects to By-law No. 1272-2018 may appeal this By-law to the Local Planning Appeal Tribunal.

Getting Additional Information:

A copy of the By-law and background information is available for public inspection during regular office hours at the Toronto and East York Community Council, City Clerk’s Office, Toronto City Hall, 2nd Floor West.

Compliance with Provincial laws respecting Notice may result in you receiving duplicate notices.

Dated at the City of Toronto this 22nd day of August, 2018.

Ulli S. Watkiss,

CITY CLERK

Owner:            Various

Authority:       Motion MM44.115 – City Council

PURPOSE AND EFFECT OF

BY-LAW NO. 1272-2018

The purpose and effect of By-law No. 1272-2018 is to prohibit for a period of one year and set limitations with respect to the demolition and removal of buildings and structures on commercial and mixed used properties within the Kensington Market Neighbourhood Heritage Conservation District Study Area as annotated by the heavy lines on Schedule A to the By-law, while the City completes a heritage conservation district study.

Further information may be obtained by contacting Tamara Anson-Cartwright, Program Manager, Heritage Preservation Services at 416-338-1083 or via email.

Authority: MM44.115, as adopted by City of Toronto Council on July 23, 24 and 25, 2018.

Enacted by City Council:  July 27, 2018

CITY OF TORONTO

BY-LAW No. 1272-2018

To designate the Kensington Market Neighbourhood area between College Street to the north,

Spadina Avenue to the east, Dundas Street West to the south and Bathurst Street, Leonard Avenue and Carlyle Street to the west as a Heritage Conservation District Study Area.

Whereas the area known locally as the Kensington Market Neighbourhood between College Street to the north, Spadina Avenue to the east, Dundas Street West to the south and Bathurst Street, Leonard Avenue and Carlyle Street to the west and shown outlined in bold on Schedule A attached to this by-law includes a concentration of commercial, mixed use, residential, and open space properties that together represent a significant cultural heritage landscape in Toronto; and

Whereas the purpose of a heritage conservation district study is to examine the character and appearance of an area to determine if the area should be preserved as a heritage conservation district and to consider and make recommendations with regard to the establishment of a district plan to guide changes to properties located within the district; and

Whereas the Ontario Heritage Act provides that if the council of a municipality undertakes a study of a heritage conservation district, the council may, by by-law, designate the area specified in the by-law as a heritage conservation study area for a period of up to one year; and

Whereas the Ontario Heritage Act provides that a heritage conservation district study area by‑law may prohibit or set limitations with respect to the alteration of property and the erection, demolition or removal of buildings or structures, or classes of buildings or structures within the heritage conservation district study area;

The Council of the City of Toronto enacts:

1. The area shown outlined in bold on Schedule “A” attached this by-law (the Kensington Market Neighbourhood Heritage Conservation District Study Area) is designated as a heritage conservation district study area for a period of one year from the date of enactment of this by-law.

2. The City shall undertake a heritage conservation district study of the Kensington Market Neighbourhood Heritage Conservation District Study Area in accordance with the requirements of the Ontario Heritage Act, for the purpose of examining the character and appearance of the area to determine if the area, or any part of the area should be preserved as a heritage conservation district and to make recommendations with respect to the content of a heritage conservation district plan.

3. During the period of one year from the date of enactment of this by-law (the Study Period) no person shall demolish or remove or permit the demolition or removal of any buildings and structures located on the commercial and mixed use properties within the Kensington Market Neighbourhood Heritage Conservation District Study Area identified in Schedule B to this by-law.

4. Despite section 3 of this by-law:

A. Any properties listed in Schedule B that have prior to the date of enactment of this by-law, obtained approval to demolish or remove buildings or structures located thereon, in accordance with a final zoning by-law amendment approval, shall be permitted to proceed with any such demolition or removal in accordance with the approval granted.

B. Any properties listed in Schedule B that during the one year term of this by-law, obtain final approval for a zoning by-law amendment, such amendments to have come into full force and effect, which amendment permits the demolition or removal of buildings or structures located on those properties, shall be permitted to proceed with any such demolition or removal in accordance with the approval granted.

5. The City Clerk shall cause a copy of this by-law to be served upon the owners of all of the properties within the Kensington Market Neighbourhood Heritage Conservation District Study Area and upon the Ontario Heritage Trust within 30 days of the passage of this by-law and shall cause notice of this by-law to be posted on the City’s web site for a period of 30 days in accordance with Municipal Code Chapter 162, Notice, Public, Article II, § 162‑4.1. Notice requirements under the Ontario Heritage Act.

Enacted and passed on July 27, 2018.

Frances Nunziata,                                                                            Ulli S. Watkiss,

Speaker                                                                                            City Clerk

Schedule A

Kensington Market Neighbourhood Heritage Conservation District Study Area

Schedule B

List of Commercial and Mixed Used Properties within the Kensington Market Neighbourhood Heritage Conservation District Study Area