Item - 2023.TE6.32

The Toronto and East York Community Council recommends that:

1. City Council include the following eleven properties on the City of Toronto's Heritage Register in accordance with the Listing Statements (Reasons for Inclusion) attached as Attachments 1, 4, 5, 6 and 7 to the report (May 4, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

1191 Bathurst Street

21 Kensington Avenue

23 Kensington Avenue

25 Kensington Avenue

27 Kensington Avenue

29 Kensington Avenue

31 Kensington Avenue

33 Kensington Avenue

35 Kensington Avenue

37 Kensington Avenue

171 Lowther Avenue

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

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

1191 Bathurst Street, Toronto-St. Paul's - Ward 12

6 Cawthra Square, Toronto Centre - Ward 13

8 Cawthra Square, Toronto Centre - Ward 13

10 Cawthra Square, Toronto Centre - Ward 13

12 Cawthra Square, Toronto Centre - Ward 13

21 Kensington Avenue, University-Rosedale - Ward 11

23 Kensington Avenue, University-Rosedale - Ward 11

25 Kensington Avenue, University-Rosedale - Ward 11

27 Kensington Avenue, University-Rosedale - Ward 11

29 Kensington Avenue, University-Rosedale - Ward 11

31 Kensington Avenue, University-Rosedale - Ward 11

33 Kensington Avenue, University-Rosedale - Ward 11

35 Kensington Avenue, University-Rosedale - Ward 11

37 Kensington Avenue, University-Rosedale - Ward 11

171 Lowther Avenue, University-Rosedale - Ward 11

The fifteen properties recommended 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 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 subject properties include two detached and two semi-detached house-form buildings on Cawthra Square, a four-storey, factory/warehouse type building on Bathurst Street near Davenport Avenue, three adjacent groupings of bay-and-gable, house-form buildings that collectively support an important streetscape within the Kensington Market Neighbourhood Heritage Conservation District study area, and a detached, two-and-a-half-storey house in the West Annex Phase II Heritage Conservation District study area. 

On January 1, 2023, amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) came into effect. Under the Act, as amended, a municipal heritage register may include properties that have not been designated but Council believes to be of "cultural heritage value or interest", and that meet one or more of the provincial criteria for determining whether they are of cultural heritage value or interest. The Act now also limits 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, properties must be listed on the heritage register prior to Part IV designation and before the occurrence of a prescribed event. 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 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.

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 May 23, 2023, the Toronto Preservation Board considered Item PB6.4 and made recommendations to City Council.

Summary from the report (May 4, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

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

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

1191 Bathurst Street, Toronto-St. Paul's - Ward 12

6 Cawthra Square, Toronto Centre - Ward 13

8 Cawthra Square, Toronto Centre - Ward 13

10 Cawthra Square, Toronto Centre - Ward 13

12 Cawthra Square, Toronto Centre - Ward 13

21 Kensington Avenue, University-Rosedale - Ward 11

23 Kensington Avenue, University-Rosedale - Ward 11

25 Kensington Avenue, University-Rosedale - Ward 11

27 Kensington Avenue, University-Rosedale - Ward 11

29 Kensington Avenue, University-Rosedale - Ward 11

31 Kensington Avenue, University-Rosedale - Ward 11

33 Kensington Avenue, University-Rosedale - Ward 11

35 Kensington Avenue, University-Rosedale - Ward 11

37 Kensington Avenue, University-Rosedale - Ward 11

171 Lowther Avenue, University-Rosedale - Ward 11

The fifteen properties recommended 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 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 subject properties include two detached and two semi-detached house-form buildings on Cawthra Square, a four-storey, factory/warehouse type building on Bathurst Street near Davenport Avenue, three adjacent groupings of bay-and-gable, house-form buildings that collectively support an important streetscape within the Kensington Market Neighbourhood Heritage Conservation District study area, and a detached, two-and-a-half-storey house in the West Annex Phase II Heritage Conservation District study area. 

On January 1, 2023, amendments to the Ontario Heritage Act (the Act) through the More Homes Built Faster Act, 2022 (Bill 23) came into effect. Under the Act, as amended, a municipal heritage register may include properties that have not been designated but Council believes to be of "cultural heritage value or interest", and that meet one or more of the provincial criteria for determining whether they are of cultural heritage value or interest. The Act now also limits 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, properties must be listed on the heritage register prior to Part IV designation and before the occurrence of a prescribed event. 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 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.

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

This supplementary report provides revised recommendations for consideration, to remove the properties at 6-12 Cawthra Square from the recommendation for inclusion on the Heritage Register given that the Chief Planner exercised his delegated authority to list the subject properties at 6-12 Cawthra Square on the City's Heritage Register on May 29, 2023.

The report from the Senior Manger, Heritage Planning, Urban Design, City Planning dated May 4, 2023, recommended the inclusion of 15 properties on the City of Toronto's Heritage Register. Among the recommended properties were four properties located at 6-12 Cawthra Square.  The Toronto Preservation Board considered the report at its meeting on May 23, 2023 and recommended its adoption to City Council. 

On May 4, 2023 the City received an application to amend the City of Toronto Zoning By-law for the subject properties at 6-12 Cawthra Square. Under the Ontario Heritage Act, should a property be subject to a Zoning By-law Amendment, an Official Plan Amendment and/or Draft Plan of Subdivision Application, properties must be listed on the heritage register prior to Part IV designation and before the occurrence of a prescribed event - the point of time when the City Clerk provides notice of a complete application to the public in accordance with the Planning Act. 

For the subject properties at 6-12 Cawthra Square, staff calculated that a prescribed event could occur prior to Council's consideration of the listing report and for this reason the Chief Planner and Executive Director used his delegated authority to list these properties on the Register on an urgent basis.

The remainder of the properties recommended for listing are within the requisite legislated time frame for Council consideration.