Item - 2018.TE34.31

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1. City Council direct City staff to continue discussions with the applicant for 489-539 King Street West and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal, subject to resolution of the outstanding issues, including the agreement with the applicant based on the direction below, including a satisfactory resolution of the following:

a. shadow impacts from the proposed structure be reduced beyond the north curb of King Street West, past 12:00 p.m. (noon) on September 21st;

b. confirmation that a clear 5.0 metre step-back be provided above the majority of the new base-building height along the King Street West frontage;

c. confirmation of an agreement regarding the required easements and/or agreement(s) required on the adjacent property at 485 King Street West; and

d. replacement of 100 percent of the office space currently existing on-site, with a maximum of 20 percent of the total replacement office space that may be provided off-site. 
 

2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the owner on the final form of the By-law to be presented as part of the settlement at the Local Planning Appeal Tribunal.

3. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to prepare and present a settlement, to be presented to the Local Planning Appeal Tribunal jointly with the owner, based on the following:

a. the Parties agree to request the Local Planning Appeal Tribunal to withhold its final Order until the following events occur:

i. the owner shall submit revised plans, drawings and perspectives to reflect the settlement outlined in the report (July 3, 2018) from the Acting Director, Community Planning, Toronto and East York District;

ii. the owner shall provide on-site parkland dedication pursuant to Section 42 of the Planning Act or the securement of an equivalent off-site parkland dedication in proximity to the owner's property, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

iii. the owner shall provide revised plans, drawings and studies to reflect the outstanding requirements outlined in the Engineering and Construction Services memo of November 27, 2017, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services;

iv. the owner agrees to provide parking and loading facilities based upon the standards as set out in the memo from Engineering and Construction Services dated November 27, 2017, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

v. the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development;

vi. Heritage Easement Agreement(s) with the City for the properties at 485, 489, 495, 511, 519, 521, 523, 527 and 529 King Street West are registered to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor;

vii. a Limiting Distance Agreement or Restrictive covenant will be registered to prevent construction on the property at 485 King Street West, to secure a setback on the east side of the site to the satisfaction of the City Solicitor;

ix. the owner provides a detailed Conservation Plan, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services;

x. the owner shall 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 in accordance with the Stage 1 assessment, and follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. (ie. Stage 3-4);

xi. the archaeological assessment shall 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 the Senior Manager, Heritage Preservation Services, prior to commencement of the site mitigation; and

xii. the owner shall submit a copy of the relevant assessment report(s) to City Planning's Heritage Preservation Services Unit in both hard copy format and as an Acrobat PDF file on compact disk.

4.  City Council require the owner to enter into and register on the properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West 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 Amendments giving rise to the proposed alterations:

a. before the Local Planning Appeal Tribunal issues any Order approving a site-specific by-law for the lands, the owner shall enter into and register an agreement pursuant to Section 37 of the Planning Act; the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. the owner shall provide a minimum contribution of $900,000.00 toward the commission of public art in a process in accordance with the City Planning Public Art Program;

ii. the owner shall provide a cash contribution of $3,000,000.00 for above-base streetscape improvements on the north side of Wellington Street West between Spadina Avenue and Portland Street and/or public realm and streetscape improvements around St. Andrews Playground and/or Brant Street. Of this total contribution, a maximum of $1,000,000.00 may also be used for the John Street Cultural Corridor, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. the owner shall provide a cash contribution of $1,100,000.00 for the provision of new affordable housing in Alexandra Park;

iv. in the event the cash contributions referred to in Parts 4.a.ii. and iii. above have 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 local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

v. the $4,100,000.00 cash contribution referred to in Parts 4.a.ii. and iii. above is to be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to issuance of the first above-grade building permit;

vi. the owner shall provide a minimum of ten (10) percent of the residential units in the building having at least three bedrooms;

vii. the owner shall convey to the City a minimum 3.0 metre wide public pedestrian easement for the life of the building over the north-south mid-block pedestrian connection through the site between King Street West and the future public park at 456 Wellington Street West, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

viii. the owner shall implement any wind mitigation measures required as identified by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning, to be submitted as part of an application for Site Plan Approval;

ix. materials for the new building will be secured through Site Plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning; and

x. a construction management plan shall be provided and thereafter implemented by the owner of 489-539 King Street West, to address such matters as wind, noise, dust, street closures, parking and laneway uses and access; such plan to be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and shall be completed prior to Site Plan approval.

5.  City Council require the owner to withdraw its appeal(s) of the King-Spadina Heritage Conservation District Plan with respect to 489, 495, 511, 519, 521, 523, 527 and 529 King Street West upon the Local Planning Appeal Tribunal Order allowing the appeal in part of the Zoning Amendments, bringing such By-laws into force, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals.

6. City Council approve the alterations to the heritage properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new mixed use development incorporating the heritage buildings on the lands known municipally in the year 2018 as 489-539 King Street West, with such alterations substantially in accordance with plans and drawings dated June 14, 2018, prepared by Bjarke Ingels Group and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated October 5, 2017, re-issued with Addendum dated June 14, 2018, all on file with the Senior Manager, Heritage Preservation Services;  and all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. City Council direct staff to continue discussions with the applicant and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a revised proposal, subject to satisfactory resolution of outstanding issues, including reducing shadow impacts from the proposed structure on King Street West, confirmation that a clear 5.0 metre step-back will be provided above the majority of the new base-building height along the King Street West frontage, confirmation of an agreement regarding the required easements and/or agreement(s) required on the adjacent property at 485 King Street West and appropriate office replacement;

b. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the owner on the final form of the By-law to be presented as part of the settlement at the Local Planning Appeal Tribunal;

c. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to prepare and present a settlement, to be presented to the Local Planning Appeal Tribunal jointly with the owner, with such terms and conditions as may be appropriate for the development, including the following conditions:

1. prior to issuance of an Local Planning Appeal Tribunal Order in connection with the Official Plan and Zoning By-law Amendments appeal for the properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West the owner shall:

a. enter into a Heritage Easement Agreement with the City for the properties at 485 King Street West and with 489, 495, 511, 519,   521, 523, 527 and 529 King Street West in accordance with the plans and drawings dated June 14, 2018, prepared by Bjarke Ingels   Group and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated October 5, 2017, re-issued with Addendum dated June 14, 2018 and on file with the Senior Manager, Heritage Preservation Services; and in accordance with the Conservation Plan required in Part 6.c.1.b. below, 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 489, 495, 511, 519, 521, 523, 527 and 529 King Street West prepared by ERA Architects Inc, dated October 5, 2017 with Addendum dated June 14, 2018, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

c. enter into and register on the properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West 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 Official Plan and Zoning By- law Amendments giving rise to the proposed alterations;

2. prior to final Site Plan approval for the proposed Official Plan and Zoning By-law Amendments by City Council, for the properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West the owner shall:

a. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 6.c.1.b. above, to the satisfaction of the Senior Manager, Heritage Preservation Services;

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

c. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their 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;

d. provide an Interpretation Plan for the subject properties, 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;and

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

3.  prior to the issuance of any permit for all or any part of the properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West, 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 Official Plan and Zoning By-law Amendments required for the subject properties, 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 Part 6.c.1.b. above 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, Heritage Lighting Plan, and Interpretation Plan; and

d. provide full documentation of the existing heritage properties, 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 Senior Manager, Heritage Preservation Services;

4. prior to the release of the Letter of Credit required in Part 6.c.3.c. above, 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, Interpretation Plan and Heritage Lighting Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

b. provide replacement Heritage Easement Agreement photographs for the properties at 489, 495, 511, 519, 521, 523, 527 and 529 King Street West to the satisfaction of the Senior Manager, Heritage Preservation Services; and

5. the owner shall withdraw its appeal(s) of the King-Spadina Heritage Conservation District Plan upon the Local Planning Appeal Tribunal order allowing the appeal in part of the Zoning Amendments, bringing such Bylaws into force, and if not an appellant, but rather a party to such appeals, the owner shall withdraw as a party and not seek any party or participant status on the appeals.

7. City Council state its intention to designate the property at 495 King Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 495 King Street West (Reasons for Designation) in Attachment 6 to the supplementary report (July 10, 2018) from the Chief Planner and Executive Director, City Planning.

8. City Council state its intention to designate the property at 519 King Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 519 King Street West (Reasons for Designation) in Attachment 7 to the supplementary report (July 10, 2018) from the Chief Planner and Executive Director, City Planning.

9. City Council state its intention to designate the property at 521 King Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 521 King Street West (Reasons for Designation) in Attachment 8 to the supplementary report (July 10, 2018) from the Chief Planner and Executive Director, City Planning.

10. City Council state its intention to designate the property at 523 King Street West (includes 525 King Street West) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 523 King Street West (Reasons for Designation) in Attachment 9 to the supplementary report (July 10, 2018) from the Chief Planner and Executive Director, City Planning.

11. City Council state its intention to designate the property at 527 King Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 527  King Street West (Reasons for Designation) in Attachment 10 to the supplementary report (July 10, 2018) from the Chief Planner and Executive Director, City Planning.

12. City Council state its intention to designate the property at 529 King Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 529 King Street West (Reasons for Designation) in Attachment 11 to the supplementary report (July 10, 2018) from the Chief Planner and Executive Director, City Planning.

13. If there are no objections to the designations in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

14. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designations to the Conservation Review Board.

15. If the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

16. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the properties at 485, 489, 495, 511, 519, 521, 523, 527 and 529 King Street West in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

17. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of Heritage Easement Agreements for the properties at 485, 489, 495, 511, 519, 521, 523, 527 and 529 King Street West.

18. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.