Item - 2013.TE24.13

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council amend Zoning By-law 438-86, for the lands at 333-351 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 15 to the report (April 12, 2013) from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Prior to final site plan approval, City Council require the Owner of the lands at 333-351 King Street East to:

a.         Retain a consultant archaeologist, licensed by the Ministry of Culture, Tourism and Sport under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 2 archaeological resource assessment of the subject property and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found (i.e., Stage 3-4).

The assessment is to be completed in accordance with the 2011 Standards and Guidelines for Consulting Archaeologists, Ministry of Culture, Tourism and Sport. Should the archaeological assessment process continue beyond a Stage 2 assessment, any recommendations for Stages 3-4 mitigation strategies must be reviewed and approved by Heritage Preservation Services prior to commencement of the site mitigation.

b.         Submit a copy of the relevant assessment report(s) to the Heritage Preservation Services Unit in both hard copy format and as an Acrobat PDF file on compact disk.

c.         Incorporate significant archaeological resources and findings into the proposed development through either in situ preservation and interpretation where feasible, or commemorate and interpret the resources through exhibition development on site including, but not limited to, commemorative plaquing.

d.         Ensure no demolition, construction, grading or other soil disturbances shall take place on the subject property prior to the City’s Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture and Tourism (Heritage Operations Unit) confirming in writing that all archaeological licensing and technical review requirements have been satisfied.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to resolve any outstanding concerns with the City’s Engineering and Construction Services Division to the satisfaction of the Manager, Development Engineering Unit, including, but not limited to:

a.         calculations for water demand analysis with hydrant testing; and

b.         any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades to such infrastructure is required to support the development.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

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

i.          An indexed cash contribution of $500,000.00 towards the North St. Lawrence Market redevelopment, $250,000.00 of which will be payable prior to Bills being enacted by City Council and the remaining $250,000.00 to be paid prior to the issuance of the first building permit for the proposed development.

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

i.          Prior to the earlier of the issuance of site plan approval pursuant to section 114 of the City of Toronto Act, 2006, or the issuance of the first building permit for all or any part of the lot, with the exception of any building permit required for excavation or shoring or for the demolition, repair, maintenance, renovation or improvement of the existing office building, the owner shall have obtained and registered all to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning (the "Chief Planner"), a restrictive covenant  pursuant to Section 119 of the Land Titles Act, restricting in perpetuity the future build-out potential of the property municipally known in 2012 as 359-361 King Street East to a maximum height of 26 metres.

ii.         To provide and maintain an accessible public pedestrian walkway on the east portion of the subject property which shall have a minimum width of 6 metres and a minimum height of 4 metres and shall provide a direct at-grade connection between Front Street East and King Street East generally within the area identified as "Approximate Location of Pedestrian Connection" on Map 1 of the Zoning By-law amendment, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City; such right of access to be secured by way of agreement to the satisfaction of the City Solicitor.

iii.        To provide and maintain a publicly accessible pedestrian clearway across private property on those portions of the street frontages abutting the subject property that do not contain adequate sidewalk widths to accommodate pedestrian activity and/or street trees, as shown on Map 2 of the Zoning By-law amendment, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City; such right of access to be secured by way of agreement to the satisfaction of the City Solicitor.

iv.        To undertake streetscaping improvements to the street right-of-way abutting the entire subject property, including but not limited to, sidewalk bump-outs, street lighting, pavers, street furniture and tree trench installation, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation Division, and the Executive Director, Engineering and Construction Services Division.

v.         Enter into a secured Agreement with the City to pay for and construct any improvements to the existing municipal infrastructure in connection with the Functional Servicing Report, as accepted by  the Executive Director of Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development.

vi.        To construct and maintain the development in accordance with Tier 1 - required 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; and to provide the City with documentation of LEED registration and certification of the 17-storey east office tower.

vii.       Design and construction of proposed development on the lot substantially in conformity with the architectural design identified on elevation plans on file with the Chief Planner and Executive Director, City Planning prepared by Diamond and Schmitt Architects, dated February 20, 2013, to the satisfaction of the Chief Planner and Executive Director, City Planning the details of which, including the exterior materials, will be refined on approved plans and drawings in the context of site plan approval pursuant to Section 114, of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City.

6.         City Council direct that the local capital improvement portion of the cash-in-lieu of parkland payment (i.e., 25 percent) made pursuant to Section 42 of the Planning Act with respect to the development be directed to improvements at the First Parliament site and/or within the St. Lawrence Neighbourhood and King-Parliament areas.

7.         City Council determine that no further notice is required.