Item - 2013.TE28.2

Tracking Status

  • City Council adopted this item on December 16, 2013 with amendments.
  • This item was considered by Toronto and East York Community Council on November 19, 2013. It is being forwarded to City Council without recommendations. It will be considered by City Council on December 16, 2013.

TE28.2 - Request for Direction - 266-270 King Street West and 274-322 King Street West - Zoning Amendment Application

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

City Council Decision

City Council on December 16, 17 and 18, 2013, adopted the following:

 

1.         City Council authorize the City Solicitor, together with Chief Planner and Executive Director, City Planning and any other appropriate staff, to oppose the applicant's appeal respecting the Zoning By-Law Amendment application for 266-270 and 274-322 King St West, at the Ontario Municipal Board, and to retain such experts as the City Solicitor may determine appropriate.

 

2.         City Council forward the alternative development concept described in the report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, and a copy of the report (November 8, 2013) from the Director, Community Planning, Toronto and East York District, to a Working Group and mediation process as defined by City Council.

 

3.         City Council authorize the City Solicitor to also advise the OMB that City Council’s position is that any redevelopment of the sites, if approved by the OMB, should secure such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be recommended by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

 

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

 

5.         City Council endorse in principle the following elements and support their inclusion in the proposed project: an art gallery to house the Mirvish Collection, the establishment of both classroom and programming space for Ontario College of Art and Design University on site and secure these benefits, amongst other yet defined benefits, through a Section 37 agreement.

 

6.         City Council direct that a working group be appointed by the Chief Planner and Executive Director, City Planning, and the local Ward Councillor and the applicant, composed but not limited to the following persons, or their representatives:

 

-            the Local Councillor as Chair

-            the Chair of Planning and Growth Management Committee

-           City Planning Staff

-            the Applicant

-           Local Community (3)

-           Local BIA

-           Toronto Preservation Board

-           Heritage Toronto

-           an Urban Planner

-           an Independent Architect

-           an Art Administrator

-           an Ontario College of Art and Design University representative

 

7.         City Council direct that the work plan for the working group above include but not be limited to the following:

 

a.         confirming a terms of reference at its first meeting;

 

b.         reviewing and discussing the current proposal and the alternative approaches contained in the staff report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, as amended, and to identify issues and concerns pertaining to the development of the lands and their impact on the community;

 

c.         reviewing issues including but not limited to the site development, neigbourhood context, managing growth in the area, internal configurations for the programme, external dimensions of the proposed development, the location of the buildings, infrastructure requirements and the issues related to the heritage resources on site;

 

d.         considering the construction and delivery of significant enhancements to the John Street Cultural Corridor, the pedestrian realm, and improving transit capacity of King Street West as they relate to the proposal;

 

e.         recording points of consensus and/or divergent points of view on issues;

 

f.          requesting City staff and the applicant to support the Working Group with any technical information that they may require, including but not limited to support for recording and writing the final report; and

 

g.         hosting at least one public meeting forum to obtain community feedback and that notice of this public meeting to be mailed to all residents within 120 metres of the site and any other individuals who have expressed written interest in the proposal so far.

 

8.         City Council direct that following the working group process, a third party mediator be retained, if needed, (cost shared by the applicant and the City Planning Division) to review the findings of the working group and work with the City and the applicant to obtain a settlement on any outstanding issues, the mediator will be jointly appointed by the City Planning Division and the Applicant.

 

9.         City Council direct that the findings of the working group be reported by the Chief Planner and Executive Director, City Planning, to City Council through the Toronto and East York Community Council, no later than the March 20, 2014 meeting of Council with any recommendations or potential settlement proposals that may emerge from the process.

Background Information (Community Council)

(November 8, 2013) Report from the Director, Community Planning, Toronto and East York District - 266-270 King Street West and 274-322 King Street West, Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-63687.pdf
(November 4, 2013) Report from the Director, Community Planning, Toronto and East York District - 266-270 King Street West and 274-322 King Street West, Zoning Amendment Application - Request for Direction Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-63412.pdf

Background Information (City Council)

(December 17, 2013) Supplementary report from the Chief Planner and Executive Director, City Planning on 266-270 King Street West, Zoning Amendment Application (TE28.2a)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-65180.pdf

Communications (Community Council)

(November 13, 2013) Letter from Patrick J. Devine, Dentons Canada LLP (TE.Supp.TE28.2.1)
https://www.toronto.ca/legdocs/mmis/2013/te/comm/communicationfile-41125.pdf
(November 13, 2013) E-mail from Ahmad Atiya (TE.Supp.TE28.2.2)
(November 13, 2013) E-mail from Eric Adams (TE.Supp.TE28.2.3)
(November 13, 2013) E-mail from Jesse Audet (TE.Supp.TE28.2.4)
(November 18, 2013) E-mail from Kevin Allis (TE.Supp.TE28.2.5)
(November 15, 2013) Letter from David Mirvish (TE.Supp.TE28.2.6)
(November 15, 2013) Letter from Janice Solomon, Executive Director, Toronto Entertainment District BIA (TE.Supp.TE28.2.7)
(November 18, 2013) E-mail from James Fraser (TE.Supp.TE28.2.8)
(November 18, 2013) E-mail from Brian Tavares (TE.Supp.TE28.2.9)
(November 18, 2013) E-mail from Tristan S (TE.Supp.TE28.2.10)
(November 19, 2013) E-mail from Brandon Williams (TE.Supp.TE28.2.11)
(November 19, 2013) Submission from Karin Joeveer (TE.Supp.TE23.2.12)
(November 19, 2013) Submission from Mary Cheng (TE.Supp.TE28.2.13)

Communications (City Council)

(December 10, 2013) Letter from Joseph L. Rotman (CC.Supp.TE28.2.14)
(December 12, 2013) E-mail from Tyler Greenleaf (CC.Supp.TE28.2.15)
(December 6, 2013) Letter from Lenny Lombardi, President, CHIN RADIO/TV International (CC.Supp.TE28.2.16)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-42460.pdf
(December 12, 2013) Letter from Patrick J. Devine, Dentons Canada LLP, Barristers and Solicitors (CC.Supp.TE28.2.17)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-42253.pdf
(December 9, 2013) E-mail from Simon Fodden (CC.Supp.TE28.2.18)
(December 13, 2013) E-mail from Noah Gurza (CC.New.TE28.2.19)
(December 15, 2013) Letter from Ceta Ramkhalawansing (CC.New.TE28.2.20)
(December 16, 2013) Letter from Catherine Nasmith, President, Toronto Architectural Conservancy (CC.New.TE28.2.21)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-43998.pdf
(December 16, 2013) E-mail from Mike Yen, Executive Director, Toronto Entertainment District Residents Association (CC.New.TE28.2.22)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-44070.pdf
(December 17, 2013) E-mail from Jeremy Jeong (CC.New.TE28.2.23)
(December 18, 2013) E-mail from Kevin Allis (CC.New.TE28.2.24)

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Adam Vaughan (Carried)

That:

 

1.         City Council adopt the recommendations in the supplementary report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, [TE28.2a] amended to read as follows:

 

1.         City Council authorize the City Solicitor, together with Chief Planner and Executive Director, City Planning and any other appropriate staff, to oppose the applicant's appeal respecting the Zoning By-Law Amendment application for 266-270 and 274-322 King St West, at the Ontario Municipal Board, and to retain such experts as the City Solicitor may determine appropriate.

 

2.         Council forward the alternative development concept described in the report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, and a copy of the report (November 8, 2013) from the Director, Community Planning, Toronto and East York District, to a Working Group and mediation process as defined by City Council.

 

3.         City Council authorize the City Solicitor to also advise the OMB that City Council’s position is that any redevelopment of the sites, if approved by the OMB, should secure such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be recommended by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

 

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

 

2.         City Council endorse in principle the following elements and support their inclusion in the proposed project; An art gallery to house the Mirvish Collection, the establishment of both classroom and programming space for Ontario College of Art and Design University on site and secure these benefits, amongst other yet defined benefits, through a Section 37 agreement.

 

3.         City Council direct that a working group  be appointed by the Chief Planner and Executive Director, City Planning, and the local Ward Councillor and the applicant, composed but not limited to the following persons, or their representatives:

 

- the Local Councillor as Chair

- the Chair of Planning and Growth Management Committee

- City Planning Staff

- the Applicant

- Local Community (3)

- Local BIA

- Toronto Preservation Board

- Heritage Toronto

- an Urban Planner

- an Independent Architect

- an Art Administrator

- an Ontario College of Art and Design University representative

 

4.         City Council direct that the work plan for the working group above include but not be limited to the following:

 

a.         Confirming a terms of reference at its first meeting;

 

b.         Reviewing and discussing the current proposal and the alternative approaches contained in the staff report (December 17, 2013) from the Chief Planner and Executive Director, City Planning, as amended, and to identify issues and concerns pertaining to the development of the lands and their impact on the community;

 

c.         Reviewing issues including but not limited to the site development, neigbourhood context, managing growth in the area, internal configurations for the programme, external dimensions of the proposed development, the location of the buildings, infrastructure requirements and the issues related to the heritage resources on site;

 

d.         Considering the construction and delivery of significant enhancements to the John Street Cultural Corridor, the pedestrian realm, and improving transit capacity of King Street West as they relate to the proposal;

 

e.         Recording points of consensus and/or divergent points of view on issues;

 

f.          Requesting City staff and the applicant to support the Working Group with any technical information that they may require, including but not limited to support for recording and writing the final report; and

 

g.         Hosting at least one public meeting forum to obtain community feedback and that notice of this public meeting to be mailed to all residents within 120 metres of the site and any other individuals who have expressed written interest in the proposal so far.

 

5.         City Council direct that following the working group process, a third party mediator be retained, if needed, (cost shared by the applicant and the City Planning Division) to review the findings of the working group and work with the City and the applicant to obtain a settlement on any outstanding issues, the mediator will be jointly appointed by the City Planning Division and the Applicant.

 

6.         City Council direct that the findings of the working group be reported by the Chief Planner and Executive Director, City Planning, to City Council through the Toronto and East York Community Council, no later than the March 20, 2014 meeting of Council with any recommendations or potential settlement proposals that may emerge from the process.

Vote (Adopt Item as Amended) Dec-18-2013 7:55 PM

Result: Carried Majority Required - TE28.2 - Vaughan - motion 1 - Adopt the item as amended
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Mike Del Grande, Doug Ford, Rob Ford
Total members that were Absent: 10 Members that were absent are Ana Bail„o, Shelley Carroll, Raymond Cho, John Filion, Paula Fletcher, Mark Grimes, Giorgio Mammoliti, Peter Milczyn, Ron Moeser, John Parker

TE28.2 - Request for Direction - 266-270 King Street West and 274-322 King Street West - Zoning Amendment Application

Decision Type:
ACTION
Status:
Without Recs
Ward:
20 - Trinity-Spadina

Community Council Recommendations

The Toronto and East York Community Council submits this item to Council without recommendation.

Decision Advice and Other Information

The Toronto and East York Community Council requested the Director, Community Planning, Toronto and East York District, to work with the applicant, and local Councillor, and bring forward directly to City Council for its meeting on December 16, 2013, any settlement terms that may result from the negotiations with respect to the Zoning Amendment Application for 266-270 King Street West and 274-322 King Street West.

Origin

(November 8, 2013) Report from the Director, Community Planning, Toronto and East York District

Summary

On June 18, 2013 the applicant appealed the Zoning By-law Amendment application for 266-270 and 274-322 King Street West to the Ontario Municipal Board (OMB) due to City Council’s failure to make a decision within the time period prescribed by the Planning Act.  A pre-hearing conference has been scheduled for January 6, 2014. 

 

The application has not been formally modified since its submission on November 9, 2012.  Much of the background and detailed information in this report is identical to the Preliminary Report considered by the Toronto and East York Community Council on February 26, 2013, which can be viewed through the item link at:

 

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2013.TE22.41

 

The application proposes to redevelop two separate parcels, municipally known as 266-270 King Street West (east parcel) and 274-322 King Street West (west parcel) with a mixed use development on each.

 

The East Parcel would be developed with an 82-storey mixed use building complete

with a six-storey base.  The West Parcel would be developed with two tower elements having total heights of 84 and 86 storeys from John Street to Ed Mirvish Way respectively, atop a six-storey base.

 

A total of approximately 22,220 m2 of non-residential gross floor area, 2,709 dwelling units and 311 parking spaces are proposed.

 

The development as proposed would result in the complete demolition of four (4) properties designated under Part IV of the Ontario Heritage Act.

 

This application does not represent an appropriate redevelopment of these sites and does not conform to the goals and objectives of the Official Plan.  The proposed density; tower height(s), base building height; tower floorplate ranges and tower separation distances result in a built form that is out of scale with the existing and planned context of the area.  Further, the loss of four heritage designated building, with the lack of heritage conservation also does not represent an appropriate form of redevelopment or good planning.

 

The purpose of this report is to seek Council’s direction on the appeal of these applications to the OMB.  Staff has offered to work with the applicant towards a more appropriate proposal which addresses the major issues of scale and heritage.  In the absence of any revisions, it is staff's opinion that the proposed development is inappropriate and constitutes an over-intensification of these sites.

Background Information

(November 8, 2013) Report from the Director, Community Planning, Toronto and East York District - 266-270 King Street West and 274-322 King Street West, Zoning Amendment Application - Request for Direction Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-63687.pdf
(November 4, 2013) Report from the Director, Community Planning, Toronto and East York District - 266-270 King Street West and 274-322 King Street West, Zoning Amendment Application - Request for Direction Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-63412.pdf

Communications

(November 13, 2013) Letter from Patrick J. Devine, Dentons Canada LLP (TE.Supp.TE28.2.1)
https://www.toronto.ca/legdocs/mmis/2013/te/comm/communicationfile-41125.pdf
(November 13, 2013) E-mail from Ahmad Atiya (TE.Supp.TE28.2.2)
(November 13, 2013) E-mail from Eric Adams (TE.Supp.TE28.2.3)
(November 13, 2013) E-mail from Jesse Audet (TE.Supp.TE28.2.4)
(November 18, 2013) E-mail from Kevin Allis (TE.Supp.TE28.2.5)
(November 15, 2013) Letter from David Mirvish (TE.Supp.TE28.2.6)
(November 15, 2013) Letter from Janice Solomon, Executive Director, Toronto Entertainment District BIA (TE.Supp.TE28.2.7)
(November 18, 2013) E-mail from James Fraser (TE.Supp.TE28.2.8)
(November 18, 2013) E-mail from Brian Tavares (TE.Supp.TE28.2.9)
(November 18, 2013) E-mail from Tristan S (TE.Supp.TE28.2.10)
(November 19, 2013) E-mail from Brandon Williams (TE.Supp.TE28.2.11)
(November 19, 2013) Submission from Karin Joeveer (TE.Supp.TE23.2.12)
(November 19, 2013) Submission from Mary Cheng (TE.Supp.TE28.2.13)

Speakers

Frank Gehry, Gehry Partners, LLP
David Mirvish, President, Ed Mirvish Enterprises Ltd.
Karin Joeveer
Patrick Devine, Dentons Canada LLP

Motions

1 - Motion to forward item Without Recommendations moved by Councillor Adam Vaughan (Carried)

That the Toronto and East York Community Council:

 

1.         Submit this item to Council without recommendation.

 

2.         Request the Director, Community Planning, Toronto and East York District, to work with the applicant, and local Councillor, and bring forward directly to City Council for its meeting on December 16, 2013, any settlement terms that may result from the negotiations with respect to the Zoning Amendment Application for 266-270 King Street West and 274-322 King Street West.


2 - Motion to Adopt Item moved by Councillor Josh Matlow (Withdrawn)
Source: Toronto City Clerk at www.toronto.ca/council