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

Both four-storey apartment buildings are Classical Revival-style in design. The easterly building at 42 Maitland Street was constructed in 1910-11. The westerly building at 36 Maitland Street was constructed in 1911-12 with a more elaborate and slightly larger design. A three-story extension was added to its rectangular form linking it to the earlier easterly building, thereby creating a "U-shaped" complex. Characteristic of the style's formality is the symmetrical arrangement of the principal elevations with quality, buff-coloured brick and stone window surrounds. The date of construction of "The Maitlands" coincides with the culmination of pre-World War I apartment house development in Toronto, which peaked in 1911-12. The property at 42 Maitland Street was listed on the City's Heritage Inventory in 1974. Staff have completed research and evaluation and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act on the basis of the design/physical, historical/associative, and contextual values of the property. On December 29, 2022, the City received an Official Plan Amendment and Zoning By-law Amendment application related to the proposed redevelopment of the subject property. The proposal is for a 61-storey residential building that maintains the main façades of each building and portions of the other façades. The application is currently under review. A Heritage Impact Assessment (HIA) completed by LHC Heritage Planning & Archaeology Inc. dated December 2022 was submitted to support the application. An 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. 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. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. The City Clerk issued a complete application notice on March 23, 2023. The property owner has provided a waiver to extend the 90-day timeline to August 31, 2023. Council must make a decision at its July 19-21, 2023, meeting. On November 28, 2022, the More Homes Built Faster Act, 2022 (Bill 23) received Royal Assent. Schedule 6 of the More Homes Built Faster Act which amended the Ontario Heritage Act and came into effect on January 1, 2023. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria. The property meets four criteria relating to design/physical, historical/associative, and contextual values.

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.