Item - 2019.TE3.4

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for the Zoning By-law Amendment at 578-580 King Street West for the following reasons:

a. The proposal is not consistent with the PPS (2014) as it does not adequately respond to the local context and does not conserve significant built heritage resources;

b. The proposal fails to conform with the Growth Plan for the Greater Golden Horseshoe (2017) as it does not encourage a sense of place by promoting a well designed built form, does not conserve the on-site heritage resource to help define the character of the area, does not result in a high quality public realm and does not transition well to neighbouring properties;

c. The proposal does not conform to the Official Plan, the King Spadina Secondary Plan (2006) or the Downtown Official Plan Amendment 406 as it represents over development of the site; does not result in an appropriate transition in scale towards neighbouring properties; does not result in a built form that achieves a compatible relationship with the surrounding context as it relates to height, massing, scale and stepbacks; does not positively contribute to the liveability of the neighbourhood; and, additionally, creates negative impacts including light, view and privacy incompatibility. As well, the proposed development does not conserve the property's heritage attributes or result in whole building conservation of the on-site heritage building, but rather, results in a development which diminishes its scale, form and massing;

d. The proposal does not address the Council-approved King-Spadina Heritage Conservation District Plan as it does not conserve and enhance the form and scale of the on-site listed property or the heritage value of the District; and

e. The proposal does not address the Council-approved King-Spadina Urban Design Guidelines (2006) which require buildings to achieve optimum light, view and privacy conditions; reduce their impact on other properties; be compatible with existing heritage buildings in terms of massing, height, setbacks, stepbacks and materials; contribute towards a high quality public realm within the context of adjacent buildings; and reinforce the distinguishing character of the West Precinct which is that of a maturing mid-rise neighbourhood in the context of conserving significant heritage buildings.

2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Local Planning Appeal Tribunal in support of City Council’s decision to refuse the application, in the event that the application is appealed to the Local Planning Appeal Tribunal.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Zoning By-law Amendment appeal for the subject lands until such time as:

a. The owner has provided draft by-laws to the Local Planning Appeal Tribunal in a form and with content satisfactory to the Director, Community Planning, Toronto and East York District and the City Solicitor;

b. The property at 578-580 King Street West is designated under Part IV, Section 29 of the Ontario Heritage Act;

c. The owner has entered into a Heritage Easement Agreement with the City for the property at 578-580 King Street West to the satisfaction of the Senior Manager, Heritage Preservation Services, including the execution and registration of such agreement to the satisfaction of the City solicitor;

d. The owner has provided for the withdrawal of the appeal of the King-Spadina Heritage Conservation District Plan;

e. The owner has provided a Conservation Plan prepared by a qualified heritage consultant for the property at 578-580 King Street West to the satisfaction of the Senior Manager, Heritage Preservation Services;

f. The owner has addressed all outstanding items identified in the Memorandum from Engineering and Construction Services, dated November 20, 2018, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. 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; and

h. The owner has submitted a construction management plan to the satisfaction of 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, vibration monitoring for the integrity of neighbouring buildings, and any other matters requested by the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor.

This application proposes to redevelop the site at 578-580 King Street West, currently containing a two-storey heritage building, with a 15-storey office building containing retail uses on the ground floor. The development, as proposed, would have a height of 58.6 metres (63.3 including the mechanical penthouse). The front (King Street) façade and the front portion of the east façade of the existing heritage building are proposed to be retained in situ and altered.  

The proposed development is not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017) as it relates to heritage conservation and overall built form.

The proposal also does not adequately address policies contained in the City's Official Plan, the King-Spadina Secondary Plan, the King-Spadina Secondary Plan review, the King-Spadina HCD Plan and does not address the King-Spadina Urban Design Guidelines (2006). It does not conserve the heritage character and attributes of the heritage building at 578-590 King Street West and would result in a height, form and massing that is not consistent with the King Spadina Built Form principles.

This report reviews and recommends refusal of the application to amend the Zoning By-law.