Item - 2012.TE17.16

Tracking Status

TE17.16 - Revised Request for Direction Report - 323-333 King Street West - Zoning Amendment Application

Decision Type:
ACTION
Status:
Adopted
Ward:
20 - Trinity-Spadina

City Council Decision

City Council on July 11, 12 and 13, 2012, adopted the following:

 

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Ontario Municipal Board in support of the revised proposal respecting the Zoning By-law Amendment application for 323-333 King Street West (File10 182677 STE 20 OZ) as outlined in the report (May 22, 2012) from the Director, Community Planning, Toronto and East York District.

 

2.         City Council authorize the City Solicitor and the Acting Chief Planner and Executive Director, City Planning Division to continue to work with the applicant on the final form of the By-law to be presented as part of the settlement at the Ontario Municipal Board.

 

3.         City Council authorize the City Solicitor and the Acting Chief Planner and Executive Director, City Planning to prepare and present minutes of settlement, to be presented to the Ontario Municipal Board jointly with the applicant.  These minutes of settlement will be based upon the following:

 

a.         The Parties agree to request the Ontario Municipal Board to withhold its final order until the following events shall have occurred:

 

i.          A site plan agreement is executed and registered on the title to 321-333 King Street West and a Statement of Approval is issued by the City.

 

ii.         The Applicant agrees to provide the City with proof that a Limiting Distance Agreement, in a form satisfactory to the City, is executed by the owner of 321 King Street West and registered on title.

 

iii.        The Applicant agrees to provide the City with proof that a Heritage Easement Agreement, as required for the relevant addresses within 321-333 King Street East identified by Heritage Preservation Services, in a form satisfactory to Heritage Preservation Services, is executed by the owner of 321-333 King Street West and registered on title.

 

iv.        The Parties agree to enter into a Section 37 Agreement with respect to 323-333 King Street East that provides for, inter alia: 10 units to be retained for a period of 20 years and to be rented at a rate consistent with the City’s definition of affordable rental housing; and provision of the heritage preservation steps called for in the Heritage Conservation Plan, satisfactory to Heritage Preservation Services.

 

v.         The Applicant agrees that the ownership of 321-333 King Street East be consolidated into a single ownership and proof be provided to the satisfaction of the City Solicitor.

 

iv.        The Applicant agrees to provide to the City all necessary background material (Sketch Illustrating Lots 10 to 13 Inclusive Registered Plan 57 City of Toronto, Architectural Plans and Drawings, Landscape Plans, Arborist Report, Toronto Green Standards Checklist, Shadow Study, Heritage Impact Assessment, Addendum to Planning Assessment and Rationale Report, Revised Stormwater Management Report, Revised Preliminary Servicing Report and Updated Urban Transportation Considerations Report) for the purpose of the City commencing (at no cost to the Applicant) a municipally-initiated rezoning application to amend the by-law to be approved by the OMB regarding 323-333 King Street West to also include 321 King Street East.  Such zoning by-law amendment is not to be commenced until the Board issues its final order regarding 323-333 King Street West.

 

4.         City Council require that the applicant agrees to provide a minimum of 102 parking spaces.

 

5.         City Council authorize the City Solicitor and the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Acting Chief Planner, in consultation with the Ward Councillor.

 

Such benefits will include:

 

a.         An indexed cash contribution of $600,000, $400,000 of which will be allocated to streetscape improvements to John Street and the remainder for the provision of one or more of the following: public housing in Ward 20; streetscape and public realm improvements in the vicinity of the site; and Heritage Conservation District studies in the King-Spadina Secondary Plan Area.  The cash contribution is to be provided prior to the issuance of an above-grade building permit.

 

b.         The provision, as a Section 37 community benefit, of at least 10 affordable rental housing units encompassing an entire residential floor of the new development, with provisions that:

 

i.          The rental housing units shall remain as rental housing for a period of at least 20 years, with no application for condominium registration or any conversion to non-rental housing purposes.

 

ii.         The rents shall be affordable rents for a period of at least 20 years, with provisions for phase-out of the affordable rent restrictions to market rents thereafter.

 

iii.        The unit mix shall include at least 4 two-bedroom units and 2 three-bedroom units.

 

As a matter of legal convenience, the following will also be secured pursuant to Section 37 of the Planning Act:

 

c.         The owner shall provide a minimum of ten percent (10%) of the residential units in the building (including affordable rental units) having at least three bedrooms.

 

d.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Acting Chief Planner and Executive Director, City Planning Division, to be submitted as part of an application for Site Plan Approval.

 

e.         Issues regarding the protection and preservation of heritage resources as outlined below.

 

6.         City Council direct that, as a condition of the settlement, the owner agree to submit, as soon as possible, an application under Municipal Code 667 for a Section 111 permit for the demolition of all the rental units in the affected properties from 321 to 333 King Street West, which provides for the replacement of the rental units and the provision of tenant relocation assistance.

 

7.         City Council direct that, as a condition of settlement, the owner agrees to the necessary amendments to the zoning by-law that is before the OMB to incorporate the replacement of the rental housing units and the provision of tenant relocation assistance, and the securing of these provisions in the Section 37 Agreement.

 

8.         City Council direct that, as a condition of settlement, the City require that a construction management agreement be negotiated between the owner, adjacent property owners, and adjoining restaurant row businesses with attention paid to wind, noise, dust, street closures, parking and laneway uses and access.   Such agreement to be to the satisfaction of the Acting Chief Planner and Executive Director, City Planning Division in consultation with the local Councillor.

 

9.         City Council direct that, as a condition of settlement, laneway access by established uses be recognized and incorporated into condominium documents.  Additionally, restaurant uses shall be recognized and acknowledged as an existing use, including but not limited to, restaurant storage in the alley and mechanical apparatus on the roof tops.

 

10.       City Council direct that, as a condition of settlement, the owner agree to the following conditions regarding the protection and preservation of heritage resources:

 

a.         Prior to the zoning by-law coming into full force and effect, the owner shall:

 

i.          Withdraw his appeal to the Conservation Review Board with respect to the City's Intention to Designate the properties at 321-325 King Street West and 333 (327) King Street West.

 

ii.         Enter into a Heritage Easement Agreement with the City for the designated heritage properties at 321-325 King Street West and 333 (327) King Street West.

 

iii.        Provide a Conservation Plan detailing all restoration, repair, dismantling, reconstruction, stabilization and new construction work associated with the project, to the satisfaction of the Manager, Heritage Preservation Services.

 

b.         Prior to Site Plan Approval the applicant shall provide site plans and drawings in accordance with the approved Conservation Plan.

 

c.         Prior to issuance of any heritage permit, including a permit for demolition, shoring or excavation, the applicant shall:

 

i.          Provide a Letter of Credit to secure all conservation work set out in the Conservation Plan.

 

ii.         Submit building permit drawings, including plans, elevations and details, to the satisfaction of the Manager of Heritage Preservation Services.

 

11.       City Council direct that, prior to the release of the Letter of Credit, the applicant shall provide a certificate of project completion prepared by a qualified heritage consultant confirming that the conservation work has been completed in accordance with the approved Conservation Plan to the satisfaction of the Manager, Heritage Preservation Services.

 

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

Background Information (Community Council)

(May 22, 2012) Report from the Director, Community Planning, Toronto and East York District - 323-333 King Street West - Zoning Amendment Application - Revised Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-48031.pdf

Communications (Community Council)

(June 12, 2012) Letter from Deborah Scott, President, 2071430 Ontario Inc. (TE.Supp.TE17.16.1)
(June 12, 2012) Letter from Deborah Scott, Scott Morris Architects Inc. (TE.Supp.TE17.16.2)

Communications (City Council)

(July 10, 2012) Letter from Al Carbone, Owner, Kit Kat Bar and Grill (CC.New.TE17.16.3)

Motions (City Council)

1 - Motion to Amend Item moved by Deputy Mayor Doug Holyday (Lost)

That City Council delete Toronto and East York Community Council Recommendation 5 c:

 

Recommendation to be deleted

 

5c.       The owner shall provide a minimum of ten percent (10%) of the residential units in the building (including affordable rental units) having at least three bedrooms.

Vote (Amend Item) Jul-12-2012 4:29 PM

Result: Lost Majority Required - TE17.16 - Holyday - motion 1
Total members that voted Yes: 4 Members that voted Yes are Janet Davis, Paula Fletcher, Doug Holyday, Giorgio Mammoliti
Total members that voted No: 27 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 14 Members that were absent are Paul Ainslie, Josh Colle, Vincent Crisanti, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Anthony Perruzza, Jaye Robinson

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-12-2012 4:30 PM

Result: Carried Majority Required - TE17.16 - Adopt the item
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Paula Fletcher, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Cesar Palacio, John Parker (Chair), Gord Perks, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Frank Di Giorgio, Doug Holyday, Giorgio Mammoliti, Frances Nunziata, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 13 Members that were absent are Josh Colle, Vincent Crisanti, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Anthony Perruzza, Jaye Robinson

a - Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Vaughan's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Jul-12-2012 12:11 PM

Result: Carried Majority Required - TE17.16 - Extend Councillor Vaughan's speaking time
Total members that voted Yes: 26 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 19 Members that were absent are Paul Ainslie, Michelle Berardinetti, Janet Davis, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, John Parker, James Pasternak, Jaye Robinson, David Shiner, Karen Stintz

b - Motion to Extend Speaking Time (Carried)

Deputy Speaker Parker proposed that Councillor Thompson's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Jul-12-2012 4:16 PM

Result: Carried Majority Required - TE17.16 - Extend Councillor Thompson's speaking time
Total members that voted Yes: 22 Members that voted Yes are Maria Augimeri, Ana Bail„o, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Doug Holyday, Pam McConnell, Mary-Margaret McMahon, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, David Shiner, Michael Thompson
Total members that voted No: 1 Members that voted No are Adam Vaughan
Total members that were Absent: 22 Members that were absent are Paul Ainslie, Michelle Berardinetti, Josh Colle, Vincent Crisanti, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Anthony Perruzza, Jaye Robinson, Karen Stintz, Kristyn Wong-Tam

TE17.16 - Revised Request for Direction Report - 323-333 King Street West - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
20 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the OMB in support of the revised proposal respecting the Zoning By-law Amendment application for 323-333 King Street West (File10 182677 STE 20 OZ) as outlined in the report dated May 22, 2012, from the Director, Community Planning, Toronto and East York District.

 

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

 

3.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to prepare and present minutes of settlement, to be presented to the OMB jointly with the applicant.  These minutes of settlement will be based upon the following:

 

a.         The Parties agree to request the OMB to withhold its final order until the following events shall have occurred:

 

i.          A site plan agreement is executed and registered on the title to 321-333 King Street West and a Statement of Approval is issued by the City.

 

ii.         The Applicant agrees to provide the City with proof that a Limiting Distance Agreement, in a form satisfactory to the City, is executed by the owner of 321 King Street West and registered on title.

 

iii.        The Applicant agrees to provide the City with proof that a Heritage Easement Agreement, as required for the relevant addresses within 321-333 King Street East identified by Heritage Preservation Services, in a form satisfactory to Heritage Preservation Services, is executed by the owner of 321-333 King Street West and registered on title.

 

iv.        The Parties agree to enter into a Section 37 Agreement with respect to 323-333 King Street East that provides for, inter alia: 10 units to be retained for a period of 20 years and to be rented at a rate consistent with the City’s definition of affordable rental housing; and provision of the heritage preservation steps called for in the Heritage Conservation Plan, satisfactory to Heritage Preservation Services.

 

v.         The Applicant agrees that the ownership of 321-333 King Street East be consolidated into a single ownership and proof be provided to the satisfaction of the City Solicitor.

 

iv.        The Applicant agrees to provide to the City all necessary background material (Sketch Illustrating Lots 10 to 13 Inclusive Registered Plan 57 City of Toronto, Architectural Plans and Drawings, Landscape Plans, Arborist Report, Toronto Green Standards Checklist, Shadow Study, Heritage Impact Assessment, Addendum to Planning Assessment and Rationale Report, Revised Stormwater Management Report, Revised Preliminary Servicing Report and Updated Urban Transportation Considerations Report) for the purpose of the City commencing (at no cost to the Applicant) a municipally-initiated rezoning application to amend the by-law to be approved by the OMB regarding 323-333 King Street West to also include 321 King Street East.  Such zoning by-law amendment is not to be commenced until the Board issues its final order regarding 323-333 King Street West.

 

4.         City Council require that the applicant agrees to provide a minimum of 102 parking spaces.

 

5.         City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner, in consultation with the Ward Councillor.

 

Such benefits will include:

 

a.         An indexed cash contribution of $600,000, $400,000 of which will be allocated to streetscape improvements to John Street and the remainder for the provision of one or more of the following: public housing in Ward 20; streetscape and public realm improvements in the vicinity of the site; and Heritage Conservation District studies in the King-Spadina Secondary Plan Area.  The cash contribution is to be provided prior to the issuance of an above-grade building permit.

 

b.         The provision, as a Section 37 community benefit, of at least 10 affordable rental housing units encompassing an entire residential floor of the new development, with provisions that:

 

i.          The rental housing units shall remain as rental housing for a period of at least 20 years, with no application for condominium registration or any conversion to non-rental housing purposes.

 

ii.         The rents shall be affordable rents for a period of at least 20 years, with provisions for phase-out of the affordable rent restrictions to market rents thereafter.

 

iii.        The unit mix shall include at least 4 two-bedroom units and 2 three-bedroom units.

 

As a matter of legal convenience, the following will also be secured pursuant to Section 37 of the Planning Act:

 

c.         The owner shall provide a minimum of ten percent (10%) of the residential units in the building (including affordable rental units) having at least three bedrooms.

 

d.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of an application for Site Plan Approval.

 

e.         Issues regarding the protection and preservation of heritage resources as outlined below.

 

6.         City Council direct that, as a condition of the settlement, the owner agree to submit, as soon as possible, an application under Municipal Code 667 for a Section 111 permit for the demolition of all the rental units in the affected properties from 321 to 333 King Street West, which provides for the replacement of the rental units and the provision of tenant relocation assistance.

 

7.        City Council direct that, as a condition of settlement, the owner agrees to the necessary amendments to the zoning by-law that is before the OMB to incorporate the replacement of the rental housing units and the provision of tenant relocation assistance, and the securing of these provisions in the Section 37 Agreement.

 

8.         City Council direct that, as a condition of settlement, the City require that a construction management agreement be negotiated between the owner, adjacent property owners, and adjoining restaurant row businesses with attention paid to wind, noise, dust, street closures, parking and laneway uses and access.   Such agreement to be to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the local Councillor.

 

9.         City Council direct that, as a condition of settlement, laneway access by established uses be recognized and incorporated into condominium documents.  Additionally, restaurant uses shall be recognized and acknowledged as an existing use, including but not limited to, restaurant storage in the alley and mechanical apparatus on the roof tops.

 

10.       City Council direct that, as a condition of settlement, the owner agree to the following conditions regarding the protection and preservation of heritage resources:

 

a.         Prior to the zoning by-law coming into full force and effect, the owner shall:

 

i.          Withdraw his appeal to the Conservation Review Board with respect to the City's Intention to Designate the properties at 321-325 King Street West and 333 (327) King Street West.

 

ii.         Enter into a Heritage Easement Agreement with the City for the designated heritage properties at 321-325 King Street West and 333 (327) King Street West.

 

iii.        Provide a Conservation Plan detailing all restoration, repair, dismantling, reconstruction, stabilization and new construction work associated with the project, to the satisfaction of the Manager, Heritage Preservation Services.

 

b.         Prior to Site Plan Approval the applicant shall provide site plans and drawings in accordance with the approved Conservation Plan.

 

c.         Prior to issuance of any heritage permit, including a permit for demolition, shoring or excavation, the applicant shall:

 

i.          Provide a Letter of Credit to secure all conservation work set out in the Conservation Plan.

 

ii.         Submit building permit drawings, including plans, elevations and details, to the satisfaction of the Manager of Heritage Preservation Services.

 

11.       City Council direct that, prior to the release of the Letter of Credit, the applicant shall provide a certificate of project completion prepared by a qualified heritage consultant confirming that the conservation work has been completed in accordance with the approved Conservation Plan to the satisfaction of the Manager, Heritage Preservation Services.

 

12.       City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

Origin

(May 22, 2012) Report from the Director, Community Planning, Toronto and East York District

Summary

The application proposes to amend the former City of Toronto Zoning By-law 438-86 to permit the development of a 47-storey (154.5 metre) mixed-use building at 321-333 King Street West.  The proposed building would contain 304 residential units and retail uses on the ground and second floors.  On-site parking is to be provided in a five (5) level underground parking garage.  The applicant proposes to retain the façades of the listed heritage buildings which will be integrated into the 3-storey podium.

 

The proposed building site also includes the property at 321 King Street West, however, that property was not included in the original zoning amendment application and no zoning amendment application has been filed on that site.  Staff recommend that the City agree to a settlement to be presented at the Ontario Municipal Board (OMB) on the revised proposal as described in this report (including the property at 321 King Street West).  The terms of the settlement being recommended by staff and supported by the applicant are described in recommendations of this report.

 

The terms of the settlement will include the request that the Board withhold its order on the Zoning By-law amendment until a site plan application can be approved for the entire development site.  The applicant has agreed that a subsequent City-initiated zoning amendment application will be undertaken for the property at 321 King Street West, to consolidate the site within the site-specific zoning for the larger development site.

 

The purpose of this report is to seek City Council’s direction for the City Solicitor, together with Planning and other appropriate City staff, to present a settlement on the approved form of the development and the conditions for the approval at the OMB.

Background Information

(May 22, 2012) Report from the Director, Community Planning, Toronto and East York District - 323-333 King Street West - Zoning Amendment Application - Revised Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-48031.pdf

Communications

(June 12, 2012) Letter from Deborah Scott, President, 2071430 Ontario Inc. (TE.Supp.TE17.16.1)
(June 12, 2012) Letter from Deborah Scott, Scott Morris Architects Inc. (TE.Supp.TE17.16.2)

Speakers

Al Carbone, Kit Kat Bar and Grill

Motions

1 - Motion to Amend Item moved by Councillor Adam Vaughan (Carried)

That the Toronto and East York Community Council adopt the recommendations in the report (May 22, 2012) from the Director, Community Planning, Toronto and East York District, subject to amending Recommendations 4 and 8 to read as follows:

 

"4.        City Council require that the applicant agrees to provide a minimum of 102 parking spaces.

 

8.         City Council direct that, as a condition of settlement, the City require that a construction management agreement be negotiated between the owner, adjacent property owners, and adjoining restaurant row businesses with attention paid to wind, noise, dust, street closures, parking and laneway uses and access.   Such agreement to be to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the local Councillor."


2 - Motion to Adopt Item as Amended moved by Councillor Adam Vaughan (Carried)
Source: Toronto City Clerk at www.toronto.ca/council