Item - 2024.TE16.14

The Toronto and East York Community Council recommends that:

1. City Council approve:

a. the alterations to the heritage properties at 570, 572, 574 and 576 Sherbourne Street and 37 Linden Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 69-storey building that incorporates the frontages of the heritage buildings along Sherbourne Street and Linden Street, with such alterations substantially in accordance with plans and drawings prepared by Arcadis dated May 17, 2024, and the Heritage Impact Assessment, prepared by GBCA Architects dated April 10, 2024, both on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions as set out below; and

b. the removal of the heritage building on the property at 29 Linden Street to allow for its relocation on the development site in accordance with Section 34(2) of the Ontario Heritage Act in connection with the approval of a 69-storey building on the property substantially in accordance with the plans and drawings prepared by Arcadis dated May 17, 2024, and the Heritage Impact Assessment, prepared by GBCA Architects dated April 10, 2024, both 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 and demolish attributes of the designated properties at 570, 572, 574 and 576 Sherbourne Street and 37 Linden Street under Part IV, Section 33 of the Ontario Heritage Act and to the removal of the building on the designated heritage property at 29 Linden Street, under Part IV, Section 34(2) of the Ontario Heritage Act, is also subject to the following conditions:

a. 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 properties at 570, 572, 574 and 576 Sherbourne Street, and 37 and 29 Linden Street substantially in accordance with the plans and drawings prepared by Arcadis dated May 17, 2024, and the Heritage Impact Assessment, prepared by GBCA Architects dated April 10, 2024, subject to and in accordance with the Conservation Plan required in Recommendation 2.a.2. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

2. provide a detailed Conservation Plan, including a detailed removal and relocation plan for the building at 29 Linden Street, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment dated April 10, 2024, prepared by GBCA Architects to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to the issuance of any permit for all or any part of the properties at 570, 572, 574, and 576 Sherbourne Street, and 37 and 29 Linden 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, the owner of the subject property shall:

1. have entered into a Heritage Easement Agreement with the City required in Recommendation 2.a.1. above, for the properties at 570, 572, 574 and 576 Sherbourne Street, and 37 and 29 Linden Street, including registration on title of such agreement, to the satisfaction of the City Solicitor; 

2. have obtained final approval for the necessary Zoning By-law Amendment, and such Amendments to have come into full force and effect;

3. provide a Heritage Lighting Plan that describes how the exterior of the properties located at 570, 572, 574 and 576 Sherbourne Street, and 37 and 29 Linden Street will be sensitively illuminated to enhance their heritage character 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 an Interpretation Plan for the properties located at 570, 572, 574 and 576 Sherbourne Street, and 37 and 29 Linden Street to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

5. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.a.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; and

6. 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 Plan and Interpretation Plan; and

c. prior to the release of the Letter of Credit required in Recommendation 2.b.6. 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 and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

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

3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 570, 572, 574 and 576 Sherbourne Street, and 37 and 29 Linden Street.

4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

This report recommends that City Council approve the alterations proposed for the heritage buildings 570, 572, 574, 576 Sherbourne Street, and 37 Linden Street (formerly 578 Sherbourne Street) and the removal of the heritage building on the property at 29 Linden Street, all designated under Part IV of the Ontario Heritage Act.

The development application proposes a 69-storey tower (plus a mechanical penthouse) on the site that incorporates retained portions of the heritage buildings as part of the base building at the corner of Sherbourne Street and Linden Street. The facades, portions of their return walls at the north and south ends, and significant portions of their gabled roofs of 570, 572, 574, 576 Sherbourne Street, and 37 Linden Street are proposed to be retained. 29 Linden Street is proposed to be relocated within the site at the current location of 33 Linden Street. It is proposed that all the retained heritage facades be fully restored.

The proposed alterations conserve the onsite and adjacent heritage buildings. Heritage Planning staff are of the opinion that the heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

On April 10, 2024, GBCA Architects prepared a Heritage Impact Assessment (HIA) describing proposed conservation and mitigation measures designed to reduce the proposal's impact. On July 26, 2024, the applicant's heritage consultant prepared addendums to the HIA to provide additional information and rationale regarding the conservation of the subject properties.

At its meeting on September 20, 2024 the Toronto Preservation Board considered Item PB22.3 and made recommendations to City Council.

Summary from the report (August 28, 2024) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for the heritage buildings 570, 572, 574, 576 Sherbourne Street, and 37 Linden Street (formerly 578 Sherbourne Street) and the removal of the heritage building on the property at 29 Linden Street, all designated under Part IV of the Ontario Heritage Act.

The development application proposes a 69-storey tower (plus a mechanical penthouse) on the site that incorporates retained portions of the heritage buildings as part of the base building at the corner of Sherbourne Street and Linden Street. The facades, portions of their return walls at the north and south ends, and significant portions of their gabled roofs of 570, 572, 574, 576 Sherbourne Street, and 37 Linden Street are proposed to be retained. 29 Linden Street is proposed to be relocated within the site at the current location of 33 Linden Street. It is proposed that all the retained heritage facades be fully restored.

The proposed alterations conserve the onsite and adjacent heritage buildings. Heritage Planning staff are of the opinion that the heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

On April 10, 2024, GBCA Architects prepared a Heritage Impact Assessment (HIA) describing proposed conservation and mitigation measures designed to reduce the proposal's impact. On July 26, 2024, the applicant's heritage consultant prepared addendums to the Heritage Impact Assessment to provide additional information and rationale regarding the conservation of the subject properties.