Item - 2014.TE33.8

City Council on July 8, 9, 10 and 11, 2014, adopted the following:

1.         City Council amend the Official Plan, for the lands at 260-270 and 274-322 King Street West substantially in accordance with the draft Official Plan Amendment attached as Attachment 1 to the report (June 2, 2014) from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required.

3.         City Council instruct the City Solicitor, the Chief Planner and Executive Director, City Planning, and any other appropriate City staff to attend the Ontario Municipal Board hearing to defend against any appeal of the City-initiated Official Plan Amendment.

4.         City Council instruct the City Solicitor, the Chief Planner and Executive Director, City Planning, and any other appropriate City staff to attend the Ontario Municipal Board hearing scheduled for this matter:

a.         in support of a revised zoning by-law amendment application incorporating:

i.          the built-form, uses, and densities each as set out in the supplementary report (July 7, 2014) from the Chief Planner and Executive Director, City Planning;

ii.         a holding designation as set out in the supplementary report (July 7, 2014) from the Chief Planner and Executive Director, City Planning, which would require the owner to enter into a Site Plan Agreement to secure the details, design and materials of the development, generally as proposed by plans submitted by Gehry International Inc. dated June 11, 2014 and illustrated in Attachment 5 – Model Images; and

iii.         the Section 37 matters as set out in supplementary report (July 7, 2014) from the Chief Planner and Executive Director, City Planning.

b.         to:

i.          support a revised zoning by-law that incorporates the parking spaces and loading space requirements as proposed by the applicant, with a total minimum parking supply of 670 parking spaces and to direct that staff review with the applicant opportunities for the inclusion of car share spaces in the development without reduction of the 670 parking spaces; and

ii.          require, in the Section 37 Agreement that a Traffic Study be submitted based on those parking requirements to the satisfaction of the Director, Engineering and Construction Services with the owner to agree to make any necessary upgrades to the transportation network to accommodate the proposed development at the sole cost of the owner.

5.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its order approving the zoning by-law amendment  until the Board is advised by City Solicitor that:

a.         the final form of the zoning by-law is acceptable to the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning; and

b.         the owner has entered into the associated Section 37 Agreement, a Heritage Easement Agreement for 260 King Street West (Royal Alexandra Theatre), a Heritage Easement Agreement for 322 King Street West (Eclipse Whitewear), and a Heritage Easement Agreement for the façade of the building on 284 King Street West (Anderson Building), and has agreed in the Section 37 Agreement to not oppose the designation of 300 King Street West (Princess of Wales Theatre) under Part IV of the Ontario Heritage Act.

6.         City Council authorize the City Solicitor, the Chief Planner and other City staff to take any necessary steps to implement Council's decision.

7.         The City and the owner enter into an Agreement with the City pursuant to Section 37 of the Planning Act, to be registered on title to the lands at 260-270 King Street West and 274-322 King Street West, in a form satisfactory to the City Solicitor to secure the following facilities, services and matters at the owner's sole expense:

a.         a cash contribution of $2,500,000.00, pro-rated over each phase, to be paid to the City prior to the issuance of the first above grade building permit for each phase, to be allocated in Ward 20 Trinity-Spadina, to the satisfaction of the Chief Planner and Executive Director in consultation with the Ward Councillor, generally as follows:

i.          capital improvements to social housing properties in Ward 20;

ii.          community services and facilities in the King-Spadina Secondary Plan and surrounding area;

iii.        John Street Revitalization Project streetscape improvements beyond the area that abuts the subject lands; and

iv.        a Public Art Contribution to be used in the immediate area, of which no more than $250,000,00 may be considered part of the total cash contribution even if the total value of the public art exceeds $250,000.00;

Such payment shall be indexed to the non-residential Construction Price Index for Toronto for the period from the date of Council enactment of this by-law to the date of payment;

b.         the owner also agree to pay for Streetscape enhancements to King Street West, Ed Mirvish Way, John Street, Pearl Street and Festival Square at John Street and King Street West, over and above the City’s base streetscape standards, to be provided in a comprehensive public realm plan prepared by the owner utilizing the services of, among others, a landscape architect and an artist.  The enhancements will be calculated as the difference between the City’s standards and the streetscape treatment approved through the site plan approval process.  The owner will be required to make this payment either by cash payment or by way of a securing letter of credit, at the owner's option, prior to the issuance of the first above grade building permit for the associated phase.

8.         City Council direct that the following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development, all to the satisfaction of the Chief Planner and Executive Director of Planning:

a.         at least 10 percent of the total number of dwelling units to be constructed on the lots shall contain family sized units of three or more bedrooms in compliance with the provisions of the Ontario Building Code;

b.         the owner shall enter into and register Heritage Easement Agreements over the buildings located on 260 King Street West (Royal Alexandra Theatre) and 322 King Street West (Eclipse Whitewear) as well as exterior elements including the front wall of the building at 284 King Street West (Anderson Building);

c.         the owner shall not object to the designation of the Building on 300 King Street West (Princess of Wales Theatre) under Part IV of the Ontario Heritage Act;

d.         the owner shall provide at no cost, a minimum of 2,340 m2 of space to the Ontario College of Art and Design University (with the terms of the Agreement of Purchase and Sale or Lease to be satisfactory to the Chief Planner in consultation with the City Solicitor, including an alternate use);

e.         a minimum of 870 m2 of Art Gallery space shall be provided and maintained atop the building municipally know as 322 King Street West, with such gallery being operated by a recognized non-profit organization, allowing for the admittance of the general public at no cost.  The gallery shall house and display the art collection commonly referred to as the “Mirvish Art Collection” (with the terms of the Agreement of Purchase and Sale or Lease to be satisfactory to the Chief Planner in consultation with the City Solicitor, including an alternate use);

f.          prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act, the owner shall provide 1:50 scale architectural elevation drawings for representative portions of the buildings with building materials, colours and finishes illustrated and labelled to the satisfaction of the Chief Planner and Executive Director (“Approved Exterior Development Details”) to secure the details, design and materials of the development, generally as proposed by plans submitted by Gehry International Inc. dated June 11, 2014 and illustrated in Attachment 5 – Model Images;

g.         the owner shall incorporate in the construction of the building and thereafter maintain the Approved Exterior Development Details to the satisfaction of the Chief Planner and Executive Director, City Planning;

h.         prior to Site Plan approval, the owner shall provide a detailed Conservation Plan prepared by a qualified heritage consultant for any alterations of the designated heritage buildings located at 260 King Street West (Royal Alexandra Theatre), 322 King Street West (Eclipse Whitewear), 284 King Street West (Anderson Building) and 300 King Street West, satisfactory to the Manager, Heritage Preservation Services substantially in accordance with the Heritage Impact Assessment, dated May 5, 2014 prepared by ERA Architects Inc.;

i.          prior to Site Plan approval, the owner shall complete all heritage-related pre-approval conditions contained in a Notice of Approval Conditions for Site Plan Control to the satisfaction of the Manager, Heritage Preservation Services;

j.          prior to Site Plan approval provide Final Site Plan drawings including drawings related to the approved Conservation Plan and the Landscape Plan for on and off site improvements to the satisfaction of the Manager, Heritage Preservation Services;

k.         prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act 2006, the owner shall provide a Construction Management Plan at its expense to the satisfaction of City Council, and thereafter the owner shall implement such plan;

l.          the owner shall satisfy the requirements of the Toronto Catholic District school Board and the Toronto District School Board regarding warning clauses and signage;

m.        the owner shall undertake a technical review of the proposed development and satisfy the requirements of the Toronto Transit Commission (“TTC”), and provide any necessary warning clauses in future agreements of purchase and sale related to the TTC operations; and

n.         the owner shall agree to any provisions regarding environmental sustainability, wind and ice mitigation and municipal services, to the satisfaction of the Chief Planner and Executive Director.