Item - 2015.TE5.6

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, for the lands at 93 and 95 Berkeley Street and 112, 114, 116, 118, 120, 122 and 124 Parliament Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (March 25, 2015) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 93 and 95 Berkeley Street and 112, 114, 116, 118, 120, 122 and 124 Parliament Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (March 25, 2015) from the Director, Community Planning, Toronto and East York District.

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

4.  Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, the owner shall:

a.  Enter into a Heritage Easement Agreement with the City for the property located at 93 and 95 Berkeley Street, to the satisfaction of the Manager, Heritage Preservation Services and the City Solicitor including the registration of such an agreement to the satisfaction of the City Solicitor.

b.  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 located at 93 and 95 Berkeley Street, prepared by ERA Architects Inc. dated February 27, 2015 to the satisfaction of the Manager, Heritage Preservation Services.

5.  City Council authorize the City Solicitor to enter into a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 93 and 95 Berkeley Street in a form and content satisfactory to the Chief Planner and Executive Director, City Planning Division, and City Solicitor.

6.  City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into a Heritage Easement Agreement for the property at 93 and 95 Berkeley Street.

7.  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 owner shall provide community benefits having a total value of six hundred and seven thousand dollars ($607,000) recommended to be allocated as follows:

i.  A cash contribution of $150,000 towards local streetscape and/or parkland improvements within the area designated Corktown Area of Special Identity on Map 15-3 of the King-Parliament Secondary Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor;

ii.  A cash contribution of $307,000 towards the redevelopment of the site of Canada's First Parliament Buildings, municipally known as 25 Berkeley Street, 265 and 271 Front Street East, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Ontario Heritage Trust, in consultation with the Ward Councillor;

iii.  A cash contribution of $50,000 towards the redevelopment of the North St. Lawrence Market, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Director, Facilities Design and Construction, Facilities Management Division, in consultation with the Ward Councillor; and

iv.  A cash contribution of $100,000 towards the implementation of the Heritage Interpretation Master Plan for Old Town Toronto and/or the Heritage Lighting Master Plan for Old Town Toronto, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

b.  The payment amounts referred to in Recommendation 7.a. above to be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City.

c.  In the event the cash contributions referred to in Recommendation 7.a. 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, City Planning Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. 

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

i.  A minimum of 10% of the dwelling units, or a minimum of 27 dwelling units in the development must be 3 bedrooms or larger in compliance with the Ontario Building Code;

ii.  A privately owned publicly accessible space (POPS) pedestrian mews connecting Berkeley Street and Parliament Street, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor in consultation with the Ward Councillor;

iii.  That prior to final Site Plan Approval for the property at 93 and 95 Berkeley Street the owner shall:

a.  Provide final site plan drawings related to the approved Conservation Plan required in Recommendation 1.b.iii. in the report (March 4, 2015), from the Director, Urban Design, City Planning Division, headed "Alterations to a Heritage Property, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement - 93-95 Berkeley Street", to the satisfaction of the Manager, Heritage Preservation Services;

b.  The related Zoning By-law amendment 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 Division in consultation with the Manager, Heritage Preservation Services;

c.  Provide a Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Manager, Heritage Preservation Services;

d.  Provide a detailed Landscape Plan for the subject property, satisfactory to the Manager, Heritage Preservation Services; and

e.  Submit a Construction Management Plan including but not limited to details regarding size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor.

iv.  That prior to the issuance of any permit for the property at 93 and 95 Berkeley Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance of the existing heritage building, the owner shall:

a.  Have obtained final site plan approval for such property, issued by the Chief Planner and Executive Director, City Planning Division;

b.  Provide full building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.iii. in the report (March 4, 2015), from the Director, Urban Design, City Planning Division, headed "Alterations to a Heritage Property, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement - 93-95 Berkeley Street",  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;

c.  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;

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

e.  Provide a Signage Plan to the satisfaction of the Manager, Heritage Preservation Services; and

f.  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.

v.  Prior to the release of the Letter of Credit to secure all work included in the approved Conservation Plan, the approved Interpretation Plan, Lighting Plan and Landscape Plan, the owner shall:

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

c.  Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Manager, Heritage Preservation Services.