Item - 2024.PB14.2

The Toronto Preservation Board recommends that:

1. City Council approve:

a. The alterations to the designated heritage property at 50 Merton Street, in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a 45-storey mixed-use building, with such alterations substantially in accordance with the plans and drawings dated November 23, 2023 prepared by Hariri Pontarini and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by GBCA, dated November 30, 2023, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.

b. The demolition of a three-storey rear wing and northern half of the front-wing's east elevation of the designated heritage property at 50 Merton Street in accordance with Section 34(1) 1 of the Ontario Heritage Act to allow for the construction of a 45-storey mixed-use building, substantially in accordance with the plans and drawings dated November 23, 2023 prepared by Hariri Pontarini and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by GBCA, dated November 30, 2023, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.

2. City Council direct that its consent to the application to alter the designated heritage property at 50 Merton Street, in accordance with Part IV, Section 33 of the Ontario Heritage Act, and its consent to the demolition of a heritage attribute, being the rear wing of the designated heritage property at 50 Merton Street, under Part IV, Section 34(1)1 of the Ontario Heritage Act are also subject to the following conditions:

a. That the related Zoning By-law Amendment permitting 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;

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 50 Merton Street substantially in accordance with the plans and drawings dated November 23, 2023 prepared by Hariri Pontarini, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment, dated November 30, 2023, prepared by GBCA, all on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 2.b.2, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the property at 50 Merton Street, to the satisfaction of the Senior Manager, Heritage Planning.

c. That prior to final Site Plan approval for the proposal, for the property located at 50 Merton Street the owners shall:

1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plans required in Recommendation 2.b. 2 to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide a Heritage Lighting Plan that describe 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 and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning.

3. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning.

4. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for the work described in the Site Plan application, 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, the owner shall:

1. Have entered into a Heritage Easement Agreement with the City of Toronto required in Recommendation 2.b.1 for property at 50 Merton Street including registration on title of such agreement, to the satisfaction of the City Solicitor.

2. Have provided a detailed Conservation Plan required in Recommendation 2.b.2.

3. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plans required in Recommendation 2.b.2, 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.

4. 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, to secure all work included in the approved Conservation, Lighting and Interpretation plans.

e. That prior to the release of the Letter of Credit required in Recommendation 2.d.4, 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, Lighting and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

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

3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 50 Merton Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 50 Merton Street.

Anne Fisher, Planner, Urban Design, Heritage Planning, City Planning gave a presentation on 50 Merton Street - Alterations and Demolition of a Heritage Attribute to a Designated Heritage Property and Authority to Enter into a Heritage Easement Agreement.

This report recommends that City Council approve the proposed alterations to the designated heritage property at 50 Merton Street and grant authority to enter into a Heritage Easement Agreement for the property. This report also recommends approval of the proposed demolition of heritage attributes, being the removal of the three-storey rear wing and northern half of the front-wing's east elevation identified in the designation by-law.

The subject designated heritage property is located on the north side of Merton Street, east of Yonge Street, and contains a three-storey complex designed as the first permanent, purpose-built national headquarters for the Girl Guides of Canada. It was completed in 1962 to the design of Carmen Corneil, project architect for William J. McBain & Associates and extended in 1970-72 by the partnership of Elin and Carmen Corneil. The building is composed of a two-storey front wing set on a raised podium with an exterior terrace and a rear, three-storey back wing.

The proposed development has been submitted in connection with applications for amendments to the Official Plan and Zoning By-law and involves the construction of a 45-storey mixed-use building at 50-64 Merton Street that partially retains the Girl Guides of Canada Headquarters building. A substantial portion of the two-storey front wing is to be retained and rehabilitated. It is proposed to be temporarily relocated on-site during construction, returned to its original location, and integrated into the new development's podium as lobby and amenity space. The exterior terrace, along with several interior heritage attributes are proposed to be reinstated with alterations. 

The proposed development is consistent with the existing policy framework and proposes an overall conservation strategy that conserves the significant heritage resource.