Item - 2012.TE13.8

The Toronto and East York Community Council recommends that:

1.         City Council amend the Zoning By-law for the lands at 1, 3, 5, 7 and 9 Sultan Street and 11 St. Thomas Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report dated January 20, 2012 from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to give effect to the intent of the recommendations contained in this report.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 1, 3, 5, 7 and 9 Sultan Street and 11 St. Thomas Street to enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with (a) the Functional Servicing Report, to the satisfaction of the Executive Director of Technical Services; and (b) the Transportation Study, to the satisfaction of the General Manager of Transportation Services, should it be determined that improvements to such infrastructure are required to support this development.

4.         Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into one or more agreements pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director of City Planning and the City Solicitor.  The agreements to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following matters from the owner at its expense:

a.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          The owner shall design and construct streetscape improvements, at a minimum cost of $500,000, to the north and south side of Sultan Street, portions of St. Thomas Street and the local area (the “Streetscape Improvements”) to the satisfaction of the Executive Director, Technical Services and the Ward Councillor.

ii.         Prior to the issuance of the first above grade building permit the owner shall submit to the City a design for the Streetscape Improvements acceptable to the Executive Director, Technical Services, and provide the City with a Letter of Credit to secure the approved design in a form and amount acceptable to the Executive Director, Technical Services.

iii.        The owner shall construct the Streetscape Improvements at the same time and in co-ordination with the construction of the site.

iv.        The minimum construction cost of $500,000 shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date the Section 37 Agreement to the date of the submission of the acceptable Streetscape Improvement design.

v.         If it is determined by the Executive Director, Technical Services that the Streetscape Improvements cost less than $500,000, or are no longer required, the remainder of the minimum construction cost of $500,000 shall be used for community benefits as determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

b.         The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          Enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 114 of the City of Toronto Act, 2006.  The site plan shall address such matters as:

a.         materiality of the building, in particular the type of glazing to be used on the tower to reduce glare during the day, provide privacy and reduce light pollution at night;

b.         type of vegetation proposed in the green roof, particularly on the east side of the building on the podium roof;

c.         location of venting for the parking garage; and

d.         landscape and streetscape proposed along Sultan Street and St. Thomas Street.

ii.         The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into one or more Heritage Easement Agreements for 1, 3, 5, 7, 9 Sultan Street and 11 St. Thomas Street to the satisfaction of the City Solicitor and the Chief Planner and Executive Director of City Planning and to register these agreements on title:

i.          City Council consent to the alteration of the six designated heritage properties located at 1, 3, 5, 7 and 9 Sultan Street and 11 St. Thomas Street subject to the following conditions:

a.         That the retained portions of the designated properties identified in the Heritage Impact Assessment prepared by E.R.A. Architects Inc., dated December 15, 2011 and architectural drawings submitted by Harari Pontarini Architects dated December 12, 2011 be braced, shored, stabilized and kept in situ during construction of this project barring the inability of the owner to secure necessary lane closures on Sultan Street.

b.         If the owner is unable to secure approval for required lane closures on Sultan Street and are therefore unable to retain portions of the designated property at 1 Sultan Street in situ during construction, the retained portions of 1 Sultan shall be documented, removed, stored and reconstructed subject to site plan approval and to the satisfaction of the Manager, Heritage Preservation Services.

c.         Prior to the introduction of the Bills to City Council for the zoning by-law amendment, the owner shall enter into an agreement with the City to amend the existing Heritage Easement Agreements for 1, 3, 5, 7 and 9 Sultan Street and 11 St. Thomas Street, to the satisfaction of the Manager, Heritage Preservation Services and the City Solicitor, with the amended agreements to be registered on title to the lands in a manner satisfactory to the City Solicitor to reflect the changes as described in this report, including a Conservation Plan, in accordance with the Heritage Impact Assessment prepared by E.R.A. Architects Inc., dated December 15, 2011.

d.         Prior to final Site Plan Approval, the owner shall:

i.          provide site plan drawings to the satisfaction of the Manager, Heritage Preservation Services;

ii.         provide a Conservation Plan for the heritage buildings;

iii.        provide a Letter of Credit in a form and amount satisfactory to the Manager, Heritage Preservation Services, for all alteration and restoration work contained in the approved Conservation Plan;

iv.        provide a detailed exterior lighting plan that will enhance the building's heritage character;

v.         provide a detailed signage plan that allows for identification, but is in keeping with the heritage character of the building.

e.         Prior to the issuance of any heritage permit pursuant to the Ontario Heritage Act, including a permit for alteration of any structure on the subject property, and including any permit for shoring or excavation on the subject property, or any portion of such property:

i.          the related zoning by-law amendment shall be in full force and effect;

ii.         the owner shall have obtained final site plan approval from the Chief Planner and Executive Director, City Planning; and

iii.        the owner shall submit final plans and drawings to the satisfaction of the Manager, Heritage Preservation Services.

f.          Prior to the release of the Letter of Credit, the owner shall provide a Letter of Substantial completion for the restoration work, signed by the project architect and heritage consultant to the satisfaction of the Manager, Heritage Preservation Services.

g.         That raised entries for 3 and 9 Sultan Street, and 11 St. Thomas Street will be modified for accessibility only in the event that it is required for tenancies and will be subject to site plan approval. Should arrangement of tenancies and uses, such as a sole ground floor tenant, allow for barrier-free access from the street to be provided at other locations, the remaining entries for 3 and 9 Sultan Street, and 11 St. Thomas Street will instead be retained and restored to modest stoops with stairs subject to site plan approval and to the satisfaction of the Manager, Heritage Preservation Services.

ii.         City Council grant authority for the City Solicitor to amend the Heritage Easement Agreements under Section 37 of the Ontario Heritage Act with the owner of the properties.

iii.        City Council authorize the City Solicitor to introduce any necessary Bills to City Council to amend the Heritage Easement Agreements.

This application proposes to redevelop the site at 1, 3, 5, 7 and 9 Sultan Street and 11 St. Thomas Street with a 9-storey office building with 69 parking spaces and three levels of underground parking.  This application further proposes to integrate a portion of the existing four designated heritage buildings into the built form of the proposed office building.

This report reviews and recommends approval of the application to amend the Zoning By-law.