Item - 2019.TE9.9

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (September 23, 2019) from the Director, Community Planning, Toronto and East York.

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

4. City Council approve the alterations to the heritage properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations to the heritage properties on the lands known municipally as 96 Spadina Avenue and 379 and 383 Adelaide Street West, with such alterations substantially in accordance with plans and drawings prepared by Sweeney and Company Architects, dated July 18, 2019, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), dated December 5, 2017 with the Heritage Impact Assessment Addendum, dated August 16, 2019, prepared by ERA Architects Inc., and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to the following additional conditions:

a. That the related site specific Zoning By-law Amendment giving rise to the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

b. That prior to the introduction of the bills for such Zoning By-law Amendments by City Council, the owner shall:
  

1. Enter into a Heritage Easement Agreement with the City for the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West  substantially in accordance with plans and drawings prepared by Sweeney and Company Architects, dated July 18, 2019, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), dated December 5, 2017 with the Heritage Impact Assessment Addendum, dated August 16, 2019, prepared by ERA Architects Inc., subject to and in accordance with the approved Conservation Plan required in Recommendation 4.b.2 below, all to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning including execution of such agreement to the satisfaction of the City Solicitor;

2. Provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment and Heritage Impact Assessment Addendum for 96 Spadina Avenue and 379 and 383 Adelaide Street West, prepared by ERA Architects Inc., dated December 5, 2017 and August 16, 2019 respectively, all to the satisfaction of the Senior Manager, Heritage Planning;

3. Enter into and register on the properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Senior Manager, Heritage Planning, 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, including amongst other matters, securing the final project specifications, preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Planning;

4. Withdraw their appeal(s) of the King-Spadina Heritage Conservation District Plan, 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.

c. That prior to final Site Plan Approval, for the development contemplated for 96 Spadina Avenue and 379 and 383 Adelaide Street West, the owner shall:

1. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 4.b.2. above to the satisfaction of the Senior Manager, Heritage Planning;

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

3. 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 Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

4. Provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

5. Provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for all or any part of the properties at 96 Spadina Avenue and 379 and 383 Adelaide 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 Planning, the owner shall:

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

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 4.b.2. 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 Planning;

3. 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 Planning to secure all work included in the approved Conservation Plan, and approved Interpretation Plan;

4. Provide full documentation of the existing heritage properties at 96 Spadina Avenue and 379 and 383 Adelaide Street West, including photographs and digital records, maps, floorplans, elevations, 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 Planning.

e. That prior to the release of the Letter of Credit required in Recommendation 4.d.3. above, the owner shall:

1. 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 Planning;

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

5. Before introducing the necessary Bills to City Council for enactment, the owner shall enter into a Limiting Distance Agreement between the landowners of 82 Spadina Avenue and the City, to be registered on title to the 82 Spadina Avenue property, that would prevent the erection of a building above the existing height of the building, for the first northern-most 11 metres of the 82 Spadina Avenue lot, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor.

6. Prior to the issuance of any above grade building permits, the owner shall submit landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Supervisor, Tree Protection and Plan Review, Urban Forestry.

7. 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.  Prior to the issuance of the first above-grade building permit, the owners shall make a cash contribution of $640,000 towards community services and facilities in Ward 10, or streetscape and/or public realm improvements in the area bounded by Queen Street West, Spadina Avenue, Front Street West and Bathurst Street to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

b. Prior to the issuance of the first above-grade building permit, a cash contribution of $80,000 towards the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 10, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

c. Prior to the issuance of the first above-grade building permit, a cash contribution of $320,000 towards streetscape and/or public realm improvements in the area bounded by Queen Street West, Spadina Avenue, Front Street West, and Bathurst Street, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

d. Submission, and thereafter implementation, of a construction management plan by the owner of 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West to address such matters as wind, noise, dust and street closures during construction. 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 final Site Plan Approval.

e. Prior to final Site Plan Approval, the owner shall convey, in perpetuity, public access surface easements to the City over the proposed laneways and midblock connections on the site.

All cash contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made.

8. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a revised Hydrogeological Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water.

9. Before introducing the necessary Bills to City Council for enactment, the City shall have closed up the City-owned public lane located West of Spadina Avenue and South of Adelaide Street West, between 96 Spadina Avenue and 379 Adelaide Street West, and the owner shall have purchased the closed up lane from the City.

10. City Council request that the Director, Real Estate Services and the Executive Director, Housing Secretariat to commit the value of the sale of the City-owned public lane located west of Spadina Avenue and south of Adelaide Street West, between 96 Spadina Avenue and 379 Adelaide Street West, toward the construction of new affordable housing in the vicinity of the King-Spadina Secondary Plan area, which may include the redevelopment of 105 Spadina Avenue.

11. City Council authorize the direct and appropriate City Officials to take the necessary action to give effect to Recommendation 10 above, including submissions through the budget process or to report back to City Council as may be required. 

This zoning amendment application proposes a 16-storey building with 80 square metres of retail/commercial space on the ground level and 33,946 square metres of office space above the existing buildings at 96 Spadina Avenue and 379, 383, 385 and 391 Adelaide Street West. The proposal also includes the full retention of the heritage buildings at 96 Spadina Avenue and 379 Adelaide Street West and partial retention of the building at 383 Adelaide Street West. A total of three loading spaces and 98 bicycle parking spaces are proposed on site. No vehicle parking spaces are proposed.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposal represents an appropriate redevelopment of the site, significant heritage conservation, and a built form and public realm that is compatible with the surrounding context.

This report reviews and recommends approval of the Zoning By-law Amendment Application.