Designation under Part IV of the Ontario Heritage Act -
4 and 8 South Kingsway (Rousseau Site) (High Park)
The Toronto Community Council recommends that the report (March 18, 1998) from the
Acting Managing Director, Heritage Toronto be adopted.
The Toronto Community Council reports, for the information of Council, that it has requested
the Commissioner of Urban Planning and Development Services to convene a meeting in the
community on the latest version of Petro Canada's proposal to establish a gas bar, retail store and
car washing establishment at 8 South Kingsway, including the hours of operation; and report
thereon to the Toronto Community Council.
The Toronto Community Council submits the following report (March 18, 1998) from the
Managing Director, Heritage Toronto:
Purpose:
The report responds to Council's request that Heritage Toronto report on recognizing and
commemorating the site of the 1790's Rousseau trade post.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
1. That the property at 8 South Kingsway and a strip 30 metres wide, plus or minus,
immediately to the north and part of the adjacent property known as 4 South Kingsway
(Etienne Brulé park) be designated under Part IV of the Ontario Heritage Act.
2. That appropriate officials be authorized to give effect hereto.
Council Reference/Background/History:
At its meeting on March 4, 1998, Council requested, "Heritage Toronto to report to the Toronto
Community Council on the possibility of designating the site under Part IV of the Ontario
Heritage Act and on further actions the City could undertake to recognize the importance of this
site." Only designation is discussed here. Options for commemoration must be discussed with
other City departments and will be reported to a future meeting.
Heritage Toronto considered designation at its meeting on March 18, 1998.
Comments and/or Discussion and/or Justification:
In 1988, the Toronto Historical Board adopted a staff report containing the recommendation that
part of the property at 4 South Kingsway be included in the City of Toronto Inventory of
Heritage Properties because it was the site of the 1790's Rousseau trade post. The land was
owned by the former Metro government and Metro asked that the listing be deferred for further
study. Continuing research has shown that the site probably straddled the property line
separating the Petro-Canada service station and the parkland to immediately to the north. As a
result, we now recommend that the gas station site and 30 metres, plus or minus, of the adjacent
park be designated (see attached plan; a formal description would need to be prepared in
consultation with the City Surveyor). Heritage Toronto adopted the recommendation to
designate the site at its meeting on March 18, 1998.
Designation is intended to recognize and commemorate the long history of use of the mouth of
the Humber River. The site is recognized for historic reasons, including the potential for
archaeological remains. Designation is not intended to preserve the existing gas station or other
structures on the identified lands.
The following paragraph is the "Short Statement of Reasons," intended for publication in
accordance with the Ontario Heritage Act:
The east bank of the Humber River, near its mouth at Lake Ontario, was the southern
terminus of the Carrying Place Trail, the major portage route and short-cut used by
Native Peoples and French traders to travel between the upper and lower Great Lakes. In
addition, it was the site of Fort Toronto, built during the winter of 1750-1, and the Jean
Rousseau trade post, occupied ca. 1791-1795. Rousseau was familiar with local customs
and languages. He served as a guide and interpreter for Lt. Gov. Simcoe when the latter
founded York, the town that became modern Toronto.
Conclusions:
The indicated portions of the properties at 4 and 8 South Kingsway meet the criteria for inclusion
in the City of Toronto Inventory of Heritage Properties and should be designated under Part IV
of the Ontario Heritage Act.
Contact Name:
Richard Stromberg
Manager, Historical Preservation
Heritage Toronto
205 Yonge Street
Toronto M5B 1N2
phone: 392-6827, ext. 236
The Toronto Community Council also submits the following report (March 25, 1998) from
the Toronto Community Council Solicitor:
Purpose:
To advise Council of the outcome of the Ontario Municipal Board hearing held on March 17,
1998 regarding the applications by Petro Canada to establish a gas bar, retail store and car
washing establishment at 8 South Kingsway.
Funding Sources, Financial Implications and Impact Statement:
As directed by recommendation (2) of Clause 53, Report No. 2 of the Toronto Community
Council, adopted by City Council on March 4, 1998, I have retained an outside planner, Mr.
Jassie Khurana, to present evidence in support of the City's position before the Ontario Municipal
Board. Mr. Khurana's fee has been set at an upset limit of $9,000.00, inclusive of GST and
disbursements, payable from Account No. 76539.
Recommendation:
It is recommended that the Commissioner of Urban Planning and Development Services report to
the Toronto Community Council upon the latest version of Petro Canada's proposal to establish a
gas bar, retail store and car washing establishment at 8 South Kingsway.
Council Reference/Background/History:
Petro Canada had applied for site plan approval and variances from the City's zoning by-law to
establish a gas bar, retail store and car washing establishment on a parcel of land consisting of,
1. the property currently occupied by Petro Canada at 8 South Kingsway (the "Petro Canada
Lands"), and
2. an adjacent road allowance owned by the City of Toronto (the "Road Allowance").
As the City's Ravine Control By-law designates the site as a ravine, Petro Canada also applied
for permission to do work within the ravine.
At its meeting held on September 23 and 24, 1997 the Council of the Corporation of the City of
Toronto (as it then was) adopted the report of the Commissioner of City Works Services dated
August 29, 1997, which authorized City officials to provide notice under the Municipal Act in
respect of Council's intention to stop up, close and convey the Road Allowance to Petro Canada.
The public meeting has not yet been held and Council has yet to make a final decision on the
conveyance of the Road Allowance to Petro Canada.
By decision of the Committee of Adjustment dated October 29, 1997, the Committee granted the
variances sought by Petro Canada. The Swansea Area Ratepayers Group and the Ripley Area
Residents Group Ltd. appealed the Committee's decision to the Ontario Municipal Board (the
"Board"). Petro Canada appealed the site plan application and ravine application to the Board on
the basis that the City had not made a decision on these applications within the required time
limits.
At its meeting held on March 4, 1998 City Council adopted, with amendment, Clause 53 of
Report No. 2 of the Toronto Community Council and authorised the City Solicitor to attend at
the Board hearing on March 17, 1998 to oppose Petro Canada's applications. Council also
adopted a motion which noted that Petro Canada's solicitor had just delivered a new plan (which
excluded the Road Allowance and located the gas bar, retail store and car washing
establishment all within the Petro Canada Lands) as a possible alternate plan and directed that, in
the event Petro Canada tried to table the new plan at the March 17 hearing, the City Solicitor
should request the Board to defer the matter to allow City Council adequate opportunity to
consider the new plan and any associated variances.
Comments and/or Discussion and/or Justification:
At the commencement of the Board hearing on March 17, 1998, the City Solicitor argued that the
Board had no jurisdiction to proceed on the matters before it and that, in any event, the Board
should defer the hearing to allow City Council adequate opportunity to consider the new plan and
any associated variances. Petro Canada's solicitor then advised the Board that Petro Canada was
withdrawing the applications in respect of the parcel which included both the Road Allowance
and the Petro Canada Lands and asked the Board to approve the new plan which located the gas
bar, a smaller retail store and the car washing establishment all within the Petro Canada Lands.
The Board adjourned the hearing to June 15, 1998 and advised Petro Canada to submit the new
application to the City for circulation to various agencies. The Board has scheduled five days for
the hearing.
Conclusions:
As City Council has not had adequate opportunity to review or determine the position to be taken
by the City upon the latest version of Petro Canada's proposal, the Commissioner of Urban
Planning and Development Services should report to the Toronto Community Council upon the
proposal to establish a gas bar, retail store and car washing establishment all within the lands
currently occupied by Petro Canada at 8 South Kingsway. Toronto City Council should then
provide the City Solicitor with instructions as to the position to be taken by the City at the
continuation of the Ontario Municipal Board hearing on June 15, 1998.
Contact Name:
Stephen Bradley
Telephone: (416) 392-7790
Fax: (416) 392-0024
