Item - 2017.TE26.11

The Toronto and East York Community Council recommends that: 

1. City Council amend Zoning By-law 438-86, for the lands at 25 Ontario Street and 280 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (August 18, 2017) 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 25 Ontario Street and 280 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (August 18, 2017) 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 Amendment to City Council for enactment, the owner of 25 Ontario Street shall withdraw their appeal to Official Plan Amendment 231.

5. Before introducing the Bills for Zoning By-law Amendment to City Council for enactment, the owner of 25 Ontario Street shall withdraw their appeal to the St. Lawrence Neighbourhood Heritage Conservation District Plan.

6. Before introducing the Bills for Zoning By-law Amendments to City Council for enactment, the owner shall submit a revised Functional Servicing Report demonstrating sufficient capacity to accommodate the servicing demand for this development, to the satisfaction of the Executive Director, Engineering and Construction Services.

7. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, the owner shall submit a revised Hydrogeology Report and enter into a sanitary discharge agreement for discharging to the sanitary sewer in accordance with Toronto Municipal Code 681-6, By-law No. 868-2010, if required, to the satisfaction of the General Manager, Toronto Water.

8. 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 at 25 Ontario Street and a portion of 280 King Street East in accordance with the plans and drawings dated August 9, 2016 and revised June 16, 2017, prepared by Sweeny and Company Architects, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc., dated August 10, 2016 and revised June 21, 2017, and in accordance with the Conservation Plan required in Recommendation 1.a.2 in the report (July 31, 2017 from the Chief Planner and Executive Director, City Planning (Item TE26.16) to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

B. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 25 Ontario Street prepared by ERA Architects, dated August 10, 2016 and revised June 21, 2017, to the satisfaction of the Senior Manager, Heritage Preservation Services;

C. Enter into and register on the property at 25 Ontario Street and a portion of 280 King Street East one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations.

9. 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 25 Ontario Street and 280 King Street in a form and content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

10. 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 25 Ontario Street.

11. Before introducing the necessary Bills to City Council for enactment, 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 value to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, allocated as follows:

i. A cash contribution towards local streetscape and/parkland improvements within the vicinity of the subject site, including but not limited to streetscape improvements on Ontario Street and Adelaide Street East to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii. A cash contribution towards the redevelopment of the site of Canada's First Parliament Buildings, municipally known as 25 Berkeley Street, 44 Parliament Street and 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; and,

iii. A cash contribution of towards the preservation of off-site heritage resources that are designated and/or listed on the City of Toronto Heritage Register, and may include 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, in consultation with the Ward Councillor.

B. The payment amounts referred to in Recommendation 11.A.i. to iii. 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 11.A.i. to iii. 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, 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. That prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the property at 25 Ontario Street and a portion of 280 King Street East, the owner shall:

a. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.a.2 in the report (July 31, 2017 from the Chief Planner and Executive Director, City Planning (TE26.16) to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

c. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

d. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

e. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services.

ii. That prior to the issuance of any permit for all or any part of the property at 25 Ontario Street or a portion of 280 King Street East, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

a. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

b. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.a.2 in the report July 31, 2017 from Chief Planner and Executive Director, City Planning (TE26.16), including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior 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 Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan and Interpretation Plan;

iii. That prior to the release of the Letter of Credit required in Recommendation 1.b.3 in the report July 31, 2017 from the Chief Planner and Executive Director, City Planning (TE26.16), the owner shall:

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

b. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services; and,

iv. A portion of the east wall abutting the property at 284 Front Street East be designed as a blank wall during the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning.

The Toronto and East York Community Council held a statutory public meeting on September 6, 2017, and notice was given in accordance with the Planning Act.

This application recommends the approval of a 23-storey Class A office building containing 41,239 square metres of non-residential gross floor area at 25 Ontario Street and the northeast portion of 280 King Street East.  The proposal includes 197 vehicular parking spaces within a 5-level underground garage and 173 bicycle parking spaces.  The existing 2-storey heritage designated Drug Trading Company Administrative Office building is to be conserved and incorporated as part of this development.

This report reviews and recommends approval of the application to amend Zoning By-laws 486-86 and 569-2013.

This report provides recommendation for a Section 37 community benefits package in conjunction with the recommendations to approve the 23-storey Class A office building at 25 Ontario Street and a portion of 280 King Street East in the Final Report dated August 18, 2017.  This report also proposes to revise recommendations in the August 18, 2017 report with respect to the timeframe for the owner to withdraw site specific appeals on Official Plan Amendment 231 and the St. Lawrence Neighbourhood Heritage Conservation District Plan.