Item - 2014.TE34.13

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law No. 438-86 for the property at 489-499 King Street West, substantially in accordance with the draft Zoning By-law Amendment to be provided prior to the Toronto and East York Community Council meeting of August 12, 2014.

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 the introduction of the necessary Bills for enactment, City Council shall require the owner of the lands at 489-499 King Street West to:

a.         Provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the property at 489 King Street West prepared by ERA Architects dated June 16, 2014 to the satisfaction of the Manager, Heritage Preservation Services.

b.         Enter into a Heritage Easement Agreement for the property at 489 King Street West substantially in accordance with the plans and drawings referenced in the Heritage Impact Assessment (dated June 14, 2014), and subject to and in accordance with the required Conservation Plan, all to the satisfaction of the Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor.

c.         Enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with the Functional Servicing Report, to the satisfaction of the Executive Director of Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

d.         Supply detailed loading surveys from other office developments within the area for review by Transportation Services staff as part of the site plan control application and increase the proposed loading facilities as required by Transportation Services staff if necessary.

e.         Enter into an easement agreement with the owners of the adjacent property at 485 King Street West adjacent to provide for mutual access over the proposed driveway.

f.          Provide a public pedestrian easement for the life of the building for access to the publicly accessible open space at the rear of the property to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

4.         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 $300,000 toward streetscape improvements on King Street West between Portland Street and Spadina Avenue to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, payable at the first above grade building permit.

ii.         An indexed cash contribution of $50,000.00 for the maintenance of or the provision of new affordable housing in Ward 20, payable at the first above grade building permit.

iii.        In the event the cash contributions referred to in Section (i) and (ii) above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

The above noted cash contribution of $350,000 is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the introduction of Bills to the date of payment.

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

i.          Prior to the issuance of Final Site Plan Approval, the owner shall have:

-           Completed all heritage-related pre-approval conditions contained in a Notice of Approval Conditions for Site Plan Control to the satisfaction of the Manager, Heritage Preservation Services.

-           Provided Final Site Plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Manager, Heritage Preservation Services.

-           The related Zoning By-law amendments giving rise to the proposed alterations shall be in full force and effect in a form and with content acceptable to the City Council, as determined by the Chief Planner and Executive Director, City Planning in consultation with the Manager, Heritage Preservation Services.

ii.         Prior to the issuance of a Heritage Permit, the owner shall have:

-           Provided full building permit drawings, including notes and specifications for the protective measures keyed to the approved Conservation Plan, including a description of materials and finishes, to be prepared by the project architect and heritage consultant to the satisfaction of the Manager, Heritage Preservation Services.

-           Provided a Letter of Credit, indexed annually, in a form and amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan.

iii.        Prior to the release of the Letter of Credit, the owner shall have:

-           Provided a letter of substantial completion prepared and signed by the heritage consultant confirming that the conservation work has been completed in accordance with the Conservation Plan and has maintained an appropriate standard of conservation, to the satisfaction of the Manager, Heritage Preservation Services.

-           Provided replacement Heritage Easement Agreement photographs to the satisfaction of the Manager, Heritage Preservation Services

iv.        Prior to site plan approval, the applicant shall address all outstanding requirements for a Stage 2 Archaeological Assessment as well as the provisions for any additional Stage 3-4 archaeological assessment as outlined in the letter from City Planning dated July 21, 2014.

v.         Prior to site plan approval, the applicant shall address the requirements for the removal of private trees on the site and adjacent the property as required by the City of Toronto Private Tree By-law as outlined in the memorandum from Urban Forestry Services staff dated August 30, 2012.

vi.        The applicant shall undertake best efforts to minimize the extent and height of the mechanical penthouse.

vii.       The applicant shall provide appropriate screening between the at-grade commercial uses and associated uses of the open space at the rear of the building and the residents to the south.

viii.      A lighting plan will be submitted and approved through the site plan control application to address the issue of light impacts on the residential units south of the subject site.

ix.        The applicant is required to enter into a construction management agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, prior to site plan approval.

This application proposes to construct a 12-storey office building containing retail uses at grade at 489-499 King Street West.  The proposed development would include a total of 24,476 square metres of gross floor area (gfa), including 1,173 square metres of retail use on the ground floor.  Four levels of below-grade parking are proposed with 159 parking space and 107 bicycle parking spaces.  Vehicular access will be provided from a private driveway off King Street West at the east side of the site.

The proposed development will add employment uses to a mixed-use community which has seen significant residential growth since the approval of the King-Spadina Part II Plan in 1996.  The proposed development will also retain portions of the heritage building at 489 King Street West and provide a publicly accessible open space at the rear of the property and the potential for a mid-block connection between King Street West and Wellington Street West.

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