241 Richmond Street West and 133 John Street - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

The Second Empire style house-form building at 133 John Street anchoring the same block at Nelson Street represents the only surviving building in a larger grouping of dwellings constructed on the east side of John Street in the 1870s. The properties at 241 Richmond Street West and 133 John Street were listed on the City's Heritage Register on December 5, 2017. The subject properties are also identified as contributing heritage properties in the King-Spadina Heritage Conservation District (HCD), which was adopted by City Council in October, 2017 and is currently under appeal. Heritage Planning staff have undertaken research and evaluation and determined that the two subject properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design, associative and contextual values. As such, the properties are significant built heritage resources. Designation enables City Council to review proposed alterations for the properties, enforce heritage property standards and maintenance, and refuse demolition. 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. On June 25, 2021 the City received an application to amend the zoning by-law to permit the redevelopment of the site with a 41-storey mixed-use building with a total height of 137.5 metres. The application proposes commercial uses within the ground floor and 470 residential units above. The existing heritage building at 241 Richmond Street West is proposed to be retained and the heritage building at 133 John Street is proposed to be demolished. A Heritage Impact Assessment has been submitted in support of the conservation strategy for the development. This application is to be reviewed concurrently with site plan application No. 21-171254 STE 10 SA. The development application currently under review was deemed complete following the new legislation coming into force. This Notice of Intention to Designate report must be considered by City Council before February 10, 2022.

2. City Council state its intention to designate the property at 133 John Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance attached as Attachment 4 to the report (January 24, 2022) from the Chief Planner and Executive Director, City Planning. 3. 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.