Item - 2020.TE18.9

The Toronto and East York Community Council recommends that:  

1. City Council include the properties at 176-178 Front Street East and 33 Sherbourne Street on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the properties at 176-178 Front Street East and 33 Sherbourne Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 176-178 Front Street East and 33 Sherbourne Street (Reasons for Designation) attached as Attachment 4 to the report (August 7, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. If there are no objections to the designations in accordance with Section 29(6) of the Ontario Heritage Act, 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.

4. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5.  If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

6.  City Council approve the alterations to the heritage property at 176-178 Front Street East and 33 Sherbourne Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new mixed use building incorporating the heritage buildings on the lands known municipally in the year 2020 as 176-178 Front Street East and 33 Sherbourne Street, with such alterations substantially in accordance with plans and drawings dated September 3, 2019 and revised June 2, 2020 prepared by Giannone Petricone Associates Inc. Architects, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning; and the Heritage Impact Assessment (HIA), prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning, and subject to the following additional conditions:

a. That the related site specific Zoning By-law Amendment giving rise to the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning, Urban Design, City Planning;

b. That prior to the introduction of the bills for such Zoning By-law Amendment by City Council, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 176-178 Front Street East and 33 Sherbourne Street in accordance with the plans and drawings September 3, 2019 and revised June 2, 2020 prepared by Giannone Petricone Associates Inc. Architects on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020 and in accordance with the Conservation Plan required in Recommendation 6.b.2. below, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant consistent with the conservation strategy set out in the Heritage Impact Assessment for 176-178 Front Street East and 33 Sherbourne Street prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Enter into and register on the property at 176-178 Front Street East and 33 Sherbourne Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Planning, Urban Design, City Planning with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations and securing such matters generally as set forth in these Recommendations.

c. That prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 176-178 Front Street East and 33 Sherbourne Street the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 6.b.2. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.

3. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning..

4. Provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

5. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

6. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

d. That prior to the issuance of any permit for all or any part of the property 176-178 Front Street East and 33 Sherbourne Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

1. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 6.b.2. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Heritage Interpretation Plan.

4. Provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

e. That prior to the release of the Letter of Credit required in Recommendation 6.d.3. above, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

7. City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 176-178 Front Street East and 33 Sherbourne Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a heritage easement agreement for the property at 176-178 Front Street East and 33 Sherbourne Street.

This report recommends that City Council approve alterations proposed for the heritage properties located at 176-178 Front Street East and 33 Sherbourne Street in connection with a redevelopment of the subject properties, that Council state its intention to designate the properties under Part IV, Section 29 of the Ontario Heritage Act, and that Council grant authority to enter into a Heritage Easement Agreement for the subject properties.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community  Council that:

1. City Council include the properties at 176-178 Front Street East and 33 Sherbourne Street on the City of Toronto's Heritage Register.

2. City Council state its intention to designate the properties at 176-178 Front Street East and 33 Sherbourne Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 176-178 Front Street East and 33 Sherbourne Street (Reasons for Designation) attached as Attachment 4 to the report (August 7, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. If there are no objections to the designations in accordance with Section 29(6) of the Ontario Heritage Act, 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.

4. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5. If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

6. City Council approve the alterations to the heritage property at 176-178 Front Street East and 33 Sherbourne Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new mixed use building incorporating the heritage buildings on the lands known municipally in the year 2020 as 176-178 Front Street East and 33 Sherbourne Street, with such alterations substantially in accordance with plans and drawings dated September 3, 2019 and revised June 2, 2020 prepared by Giannone Petricone Associates Inc.  Architects, and on file with the Senior Manager, Heritage Planning, Urban Design, City  Planning, and the Heritage Impact Assessment (HIA), prepared by GBCA Architects dated  March 4, 2019 and revised February 21, 2020, and on file with the Senior Manager, Heritage  Planning, Urban Design, City Planning, all subject to and in accordance with a Conservation  Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning and  subject to the following additional conditions:

a. That the related site specific Zoning By-law Amendment giving rise to the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning, Urban Design, City Planning;

b. That prior to the introduction of the bills for such Zoning By-law Amendment by City Council, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the property at 176-178 Front Street East and 33 Sherbourne Street in accordance with the plans and drawings September 3, 2019 and revised June 2, 2020 prepared by Giannone Petricone Associates Inc. Architects on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020 and in accordance with the Conservation Plan required in Recommendation 6.b.2. below, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant consistent with the conservation strategy set out in the Heritage Impact Assessment for 176-178 Front Street East and 33 Sherbourne Street prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Enter into and register on the property at 176-178 Front Street East and 33 Sherbourne Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Planning, Urban Design, City Planning with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations and securing such matters generally as set forth in these Recommendations.

b. That prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 176-178 Front Street East and 33 Sherbourne Street the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 6.b.2. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.

3. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the  satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning  and thereafter shall implement such Plan to the satisfaction of the Senior Manager,  Heritage Planning, Urban Design, City Planning.

4. Provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning.

5. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

6. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

c. That prior to the issuance of any permit for all or any part of the property 176-178 Front Street East and 33 Sherbourne Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

1. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 6.b.2. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Heritage Interpretation Plan.

4. Provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

d. That prior to the release of the Letter of Credit required in Recommendation 6.c.3. above, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

7. City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 176-178 Front Street East and 33 Sherbourne Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into a heritage easement agreement for the property at 176-178 Front Street East and 33 Sherbourne Street.

Decision Advice and Other Information
Alex Corey, Senior Planner, Heritage Preservation, Urban Design, City Planning and Paul  Maka, Senior Planner, Heritage Preservation, Urban Design, City Planning gave a presentation  on - Inclusion on the City of Toronto's Heritage Register, Intention to Designate under Part IV,  Section 29 of the Ontario Heritage Act, Alterations to Heritage Properties and Authority to  Enter into a Heritage Easement Agreement - 176-178 Front Street East and 33 Sherbourne  Street.

Origin
(August 7, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City

Summary
This report recommends that City Council approve alterations proposed for the heritage  properties located at 176-178 Front Street East and 33 Sherbourne Street in connection with a  redevelopment of the subject properties, that Council state its intention to designate the  properties under Part IV, Section 29 of the Ontario Heritage Act, and that Council grant  authority to enter into a Heritage Easement Agreement for the subject properties.

Background Information
(August 7, 2020) Report and Attachments 1-6 from the Senior Manager, Heritage Planning,  Urban Design, City Planning - Inclusion on the City of Toronto's Heritage Register, Intention  to Designate under Part IV, Section 29 of the Ontario Heritage Act, Alterations to Heritage  Properties and Authority to Enter into a Heritage Easement Agreement - 176-178 Front Street  East and 33 Sherbourne Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-155554.pdf)
(August 26, 2020) Presentation from the Heritage Planner, Heritage Preservation, Urban  Design, City Planning - Inclusion on the City of Toronto's Heritage Register, Intention to  Designate under Part IV, Section 29 of the Ontario Heritage Act, Alterations to Heritage  Properties and Authority to Enter into a Heritage Easement Agreement - 176-178 Front Street  East and 33 Sherbourne Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-156112.pdf)

Communications
(August 25, 2020) Submission from Emad Ghattas (PB.Supp.PB16.8.1)
(http://www.toronto.ca/legdocs/mmis/2020/pb/comm/communicationfile-117797.pdf)

Speakers
Emad Ghattas