Item - 2020.TE19.7

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal (the "LPAT") respecting the site specific Zoning By-law Amendment Appeal for 578-580 King Street West in support of the revised proposal, as described in the Issue Background section of the report (September 18, 2020) from the Director, Community Planning, Toronto and East York District and appended as Attachments 5-8 to the report (September 18, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order on the Zoning By-law amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. The proposed Zoning By-law amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. All site servicing and site access matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

c.  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;

d. The owner has entered into a Heritage Easement Agreement with the City for the property at 578-580 King Street West substantially in accordance with plans and drawings prepared by prepared by Audax Architecture Inc. dated August 4, 2020, submitted with the Heritage Impact Assessment prepared by Goldsmith Borgal and Co. Ltd. Architects, dated August 4, 2020, or otherwise revised in accordance with a settlement offer or Local Planning Appeal Tribunal Order, subject to and in accordance with the approved Conservation Plan required in Recommendation 2.e. above, all to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

e. The owner has provided 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 for 578-580 King Street West, dated August 4, 2020, prepared by Goldsmith Borgal & Co. Ltd. Architects, or otherwise a conservation strategy revised in accordance with a settlement offer or Local Planning Appeal Tribunal Order, all to the satisfaction of the Senior Manager, Heritage Planning;

f. The owner withdraw their appeal of the King-Spadina Secondary Plan (2020); and

g. The owner withdraw their appeal of the King-Spadina Heritage Conservation District Plan.

3. That, prior to final Site Plan approval for the development contemplated at 578-580 King Street West, City Council require the owner to:

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

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

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

d. Provide a Signage Plan for the subject property and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

4. Prior to the issuance of any below-grade building permit, the owner shall be required to submit a construction management plan to the satisfaction of the General Manager, Transportation Services and the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details to ensure that safety lighting does not negatively impact adjacent residences, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services or the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor.

The revised Zoning Amendment application for 578-580 King Street West proposes to permit a 9-storey office building containing retail uses on the ground floor. The development would have a height of 36.4 metres (41.1 including the mechanical penthouse). The site is currently occupied by a 2-storey heritage building. The front (King Street West) façade and the front portion of the east façade of the existing heritage building are proposed to be retained in situ. 

As is detailed in the Proposal section of this report, the revised proposal is significantly different from the original proposal submitted by the applicant on September 14, 2018, which staff did not support.

The revised proposal is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews the revised proposal and recommends that City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal (the "LPAT") in support of the revised proposal, subject to conditions as outlined in the Recommendations section of this report.

A hearing at the LPAT has been scheduled for November 24, 2020. Should City Council adopt the recommendations of this report, the LPAT may convert the hearing into a settlement hearing.