Item - 2023.PH1.4

The Planning and Housing Committee recommends that:

1. City Council include the following 6 properties on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion) attached as Attachments 1 through 6 to the report (January 5, 2023) from the Chief Planner and Executive Director, City Planning.

29 Linden Street

31 Linden Street

33 Maitland Street

33 Melrose Avenue (including the entrance address of 31 Melrose Avenue)

822 Richmond Street West

570 Sherbourne Street

This report recommends that City Council include six properties for their cultural heritage value on the City of Toronto's Heritage Register.

The six properties being recommended for inclusion on the Register are as follows:

29 Linden Street, Toronto Centre - Ward 13

31 Linden Street, Toronto Centre - Ward 13

33 Maitland Street, Toronto Centre - Ward 13

33 Melrose Avenue (including 31 Melrose Avenue), Eglinton-Lawrence - Ward 8

822 Richmond Street West, Spadina-Fort York - Ward 10

570 Sherbourne Street, Toronto Centre - Ward 13

On January 1, 2023, the Province's proposed amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) will come into effect.

A municipal heritage register under the Ontario Heritage Act may include properties that have not been designated but Council believes to be of "cultural heritage value or interest" and meet one or more of the provincial criteria for determining whether it is of cultural heritage value or interest. The recent amendments to the Act limit listing to a period of two years.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

 A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The six properties were selected to allow Council to consider their inclusion on the Heritage Register prior to a Prescribed Event occurring, and, in the case of 33 Maitland Street, to help inform the review of a recently completed planning application. All of the recommended properties for inclusion on the City's Heritage Register have been researched and evaluated by staff using the criteria prescribed in Ontario Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest and are believed to be of cultural heritage value or interest.

The listing of non-designated properties on the municipal heritage register under the Act also extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Act should a development or demolition application be submitted.

The recent amendments to the Act limit listing of non-designated properties to a period of two years.  If a listed property is not subject to a Notice of Intention to Designate within 2 years, on and after the second anniversary of the property being listed in the heritage register, the legislation deems the property be removed from the heritage register after a 2 year period and imposes a 5 year prohibition on re-including that property in the heritage register, if deemed to be removed.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.

At its meeting on January 6, 2023, the Toronto Preservation Board considered Item PB2.5 and made recommendations to City Council.

Summary from the report (December 30, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council include six properties for their cultural heritage value on the City of Toronto's Heritage Register.

The six properties being recommended for inclusion on the Register are as follows:

29 Linden Street, Toronto Centre - Ward 13

31 Linden Street, Toronto Centre - Ward 13

33 Maitland Street, Toronto Centre - Ward 13

33 Melrose Avenue (including 31 Melrose Avenue), Eglinton-Lawrence - Ward 8

822 Richmond Street West, Spadina-Fort York - Ward 10

570 Sherbourne Street, Toronto Centre - Ward 13

On January 1, 2023, the Province's proposed amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) will come into effect.

A municipal heritage register under the Ontario Heritage Act may include properties that have not been designated but Council believes to be of "cultural heritage value or interest" and meet one or more of the provincial criteria for determining whether it is of cultural heritage value or interest. The recent amendments to the Act limit listing to a period of two years.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

 A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

The six properties were selected to allow Council to consider their inclusion on the Heritage Register prior to a Prescribed Event occurring, and, in the case of 33 Maitland Street, to help inform the review of a recently completed planning application. All of the recommended properties for inclusion on the City's Heritage Register have been researched and evaluated by staff using the criteria prescribed in Ontario Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest and are believed to be of cultural heritage value or interest.

The listing of non-designated properties on the municipal heritage register under the Act also extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Act should a development or demolition application be submitted.

The recent amendments to the Act limit listing of non-designated properties to a period of two years.  If a listed property is not subject to a Notice of Intention to Designate within 2 years, on and after the second anniversary of the property being listed in the heritage register, the legislation deems the property be removed from the heritage register after a 2 year period and imposes a 5 year prohibition on re-including that property in the heritage register, if deemed to be removed.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.