164 Bathurst Street - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

Dating to c.1875, the property reflects the earliest period of development along this portion of Bathurst Street. It is a representative example of a mixed-use commercial building from the late nineteenth century. The building retains original features that suggest the influence of the Italianate style, such as brick quoins and pronounced wood brackets beneath the eaves. Heritage Planning staff have determined that the property at 164 Bathurst Street meets Ontario Regulation 9/06 - the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act - for its design/physical and contextual values. An Official Plan and Zoning By-law Amendment application has been made for the property, which proposes to retain and incorporate the building at 164 Bathurst Street into a new development. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act (OHA). The Bill 108 Amendments to the OHA came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the OHA now restricts City Council's ability to give notice of its intention to designate a property under the OHA to within 90 days after the City Clerk gives notice of a complete application. The City Clerk issued a complete application notice on August 12, 2021. The property owner provided a waiver to extend the 90-day timeline established under Bill 108 to December 31, 2021. Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.