Item - 2015.MM8.45

Tracking Status

MM8.45 - Amendments to TE5.6 and TE5.7 (93 to 95 Berkeley Street and 112 to 124 Parliament Street) - by Councillor Pam McConnell, seconded by Councillor Paul Ainslie

Decision Type:
ACTION
Status:
Adopted
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on July 7, 8 and 9, 2015, adopted the following:

 

1. City Council amend Item TE5.6 by:

 

a.  deleting Part 7.d.iv and replacing it with the following:

 

"iv. that prior to the issuance of any below grade permit and/or demolition permit to remove the rear addition of 93-95 Berkeley Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance for the existing heritage building, the owner shall:

 

a.  have executed a site plan agreement as part of site plan approval for such property, issued by the Chief Planner and Executive Director, City Planning;

 

b.  provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, the approved Interpretation Plan, Lighting Plan and Landscape Plan;

 

c.  provide an Interpretation Plan for the subject property, to the satisfaction of the Manager, Heritage Preservation Services;

 

d.  provide a Signage Plan to the satisfaction of the Manager, Heritage Preservation Services; and

 

e.  provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Manager, Heritage Preservation Services;"

 

b.  adding a new Part 7.d.v. with subsequent conditions renumbered accordingly, to read as follows:

 

"v. that prior to the issuance of any above grade permit for the property at 93 to 95 Berkeley Street, the owner shall:

 

a.  have received final site plan approval issued by the Chief Planner and Executive Director, City Planning; and

 

b. provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 4.b. above including a description of materials and finishes to be prepared by the project architect, and qualified heritage consultant to the satisfaction of the Manager, Heritage Preservation Services; and"

 

2.  City Council amend Item TE5.7 by:

a. amending Part 1 and Part 1.b.i by replacing the dates "February 20, 2015" and "February 25, 2015" with the date "February 27, 2015" to read as follows:

 

"1.        City Council approve the alterations to the heritage property at 93-95 Berkeley Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a mixed-use development project that includes a 21-storey residential tower with retail/commercial uses with such alterations to the property to be substantially in accordance with the plans and elevation drawings prepared by Giannone Petricone Associates Inc. Architects and Giovanni A. Tassone Architect Inc. dated February 27, 2015, date stamped "received" by City Planning on February 27, 2015 and on file with the Manager, Heritage Preservation Services; and the Heritage Impact Assessment  prepared by ERA Architects Inc. dated February 27, 2015, date stamped "received" by City Planning February 27, 2015 and on file with the Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Manager, Heritage Preservation Services and subject to the following additional conditions:

 

 

1.b.i. enter into a Heritage Easement Agreement with the City for the property at 93-95 Berkeley Street in accordance with the plans and elevation drawings prepared by Giannone Petricone Associates Inc. Architects and Giovanni A. Tassone Architect Inc. dated February 27, 2015, dated stamped "received" by City Planning on February 27, 2015 and on file with the Manager, Heritage Preservation Services; and the Heritage Impact Assessment prepared by ERA Architects Inc. dated February 27, 2015, date stamped "received" by City Planning February 27, 2015 to the satisfaction of the Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;"

b.  deleting Part 1.d and replacing it with the following: 

"1.d. that prior to the issuance of any below grade permit and/or demolition permit to remove the rear addition of 93-95 Berkeley Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance for the existing heritage building, the owner shall:

 

i.  have executed a site plan agreement as part of site plan approval for such property, issued by the Chief Planner and Executive Director, City Planning;

 

ii. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, the approved Interpretation Plan, Lighting Plan and Landscape Plan;

 

iii. provide an Interpretation Plan for the subject property, to the satisfaction of the Manager, Heritage Preservation Services;

 

iv. provide a Signage Plan to the satisfaction of the Manager, Heritage Preservation Services; and

 

v. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Manager, Heritage Preservation Services;"

 

c.  adding a new Part 1.e, with subsequent conditions renumbered accordingly, to read as follows:           

"1.e.  that prior to the issuance of any above grade permit for the property at 93 to 95 Berkeley Street, the owner shall:

 

i.  have received final site plan approval issued by the Chief Planner and Executive Director, City Planning; and

 

ii.  provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 4.b. above including a description of materials and finishes to be prepared by the project architect, and qualified heritage consultant to the satisfaction of the Manager, Heritage Preservation Services; and"

 

3.  City Council authorize the City Solicitor to make the necessary amendments to the draft Zoning By-law Amendments as may be required to implement this Motion.

 

4. City Council determine that, pursuant to Subsection 34(17) of the Planning Act, no further notice is to be given in respect of the changes.

City Council Decision Advice and Other Information

City Council re-opened Items TE5.6 and TE5.7 for further consideration.

Background Information (City Council)

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Pam McConnell (Carried)

That Councillor Pam McConnell be permitted to add to the agenda of today's meeting an urgent Motion without notice concerning:

 

Amendments to TE5.6 and TE5.7 (93 to 95 Berkeley Street and 112 to 124 Parliament Street)

 

Reason for Urgency:

 

This matter is urgent as the development site requires environmental remediation and demolition of a rear addition to the heritage building in order to advance conditions of the approved Alterations and Intention to Designate report.

Vote (Introduce Motion without Notice) Jul-08-2015 2:25 PM

Result: Carried Two-Thirds full Council Required - McConnell - Add Urgent Motion
Total members that voted Yes: 42 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Josh Matlow, James Pasternak, John Tory

Motion to Re-open Item (Carried)

Speaker Nunziata advised Council that consideration of Motion MM8.45 requires a re-opening of Items TE5.6 and TE5.7 (City Council – May 5, 6 and 7, 2015). A two-thirds vote of the Council Members present is required to re-open the Items.

Vote (Re-open Item) Jul-08-2015 6:44 PM

Result: Carried Two-Thirds Required - MM8.45 - Re-open items TE5.6 and TE5.7
Total members that voted Yes: 36 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Paul Ainslie, Ana Bailão, Rob Ford, Mary Fragedakis, Giorgio Mammoliti, Josh Matlow, Cesar Palacio, Michael Thompson, John Tory

Motion to Adopt Item (Carried)
Source: Toronto City Clerk at www.toronto.ca/council