Item - 2024.TE16.12

The Toronto and East York Community Council recommends that:

1. City Council consent to the application to alter the contributing designated buildings at 298-300 King Street East and demolish the north addition at 300 King Street East; and to demolish the non-contributing designated buildings at 296 King Street East and 58-60 Berkeley Street, with conditions, under Part V Section 42 of the Ontario Heritage Act to allow for the construction of a 46-storey tower on the property, with such alterations being substantially in accordance with the revised plans and drawings prepared by architects Alliance dated June 27, 2024, on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment prepared by ERA Architects Inc. dated November 5, 2021, updated July 2, 2024, also on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning subject to conditions as set out below.

2. City Council direct that its consent to the application to alter the designated properties at 298-300 King Street East and demolish properties at 296 King Street East and 58-60 Berkeley Street under Part V, Section 42 of the Ontario Heritage Act is also subject to the following conditions:

a. the related Official Plan Amendment and Zoning By-law Amendment requiring the proposed alterations has been enacted by City Council and has come into full force and effect;

b. prior to the introduction of the Bills for such Official Plan Amendment and Zoning By-law Amendment by City Council, the owner shall:

1. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation and demolition/reconstruction strategies set out in the Heritage Impact Assessment prepared by ERA Architects Inc. dated November 5, 2021 and updated and re-issued July 2, 2024 to the satisfaction of the Senior Manager, Heritage Planning; and

2. enter into a Heritage Easement Agreement with the City for the property at 296-300 King Street East and 56-60 Berkeley Street substantially in accordance with plans and drawings prepared by architects Alliance, dated June 27, 2024 and the Heritage Impact Assessment prepared by ERA Architects Inc., dated November 5, 2021, revised July 2, 2024 subject and in accordance with the approved Conservation Plan required in Recommendations 2.b.1. above, all to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

c. prior to Site Plan Approval for the property at 296-300 King Street East and 56-60 Berkeley Street, the owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 2.b.1. above, to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Heritage Lighting Plan that describes how the exterior of the property at 296-300 King Street East and 56-60 Berkeley Street 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

3. provide an Interpretation Plan for the property located at 296-300 King Street East and 56-60 Berkeley Street to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

d. prior to the issuance of any permit for all or any part of the property at 296-300 King Street East and 56-60 Berkeley Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the owner of the subject property shall:

1. have obtained final approval for the necessary Official Plan and Zoning By-law Amendments, and such Amendments to have come into full force and effect;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 2.b.1. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

3. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan and Interpretation Plan; and

4. provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning; and

e. prior to the release of the Letter of Credit required in Recommendation 2.d.3. above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 296-300 King Street East and 56-60 Berkeley Street.

4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

This report recommends that City Council approve the alterations, demolition and new construction under Part V Section 42 of the Ontario Heritage Act proposed for the heritage properties at 296-300 King Street East and 56-60 Berkeley Street in connection with the redevelopment of the site. The site is located within the St. Lawrence Neighbourhood Heritage Conservation District (SLHCD) which is designated under Part V of the Ontario Heritage Act.

The properties at 298-300 King Street East (which includes 56 Berkeley Street) are identified as contributing, with attributes that characterize the commercial warehouse typology in the District. The properties at 296 King Street East and 58-60 Berkeley Street are identified as non-contributing in the SLHCD Plan. The adjacent properties at 528 Adelaide Street East and 70 Berkeley Street, and 359-361 King Street East and 54 Berkeley Street are also identified as contributing properties in the SLHCD Plan.

On November 9, 2021, the City received Official Plan Amendment and Zoning By-law Amendment applications related to the proposed development of the subject properties to permit a 34-storey mixed use building with 1,188 square metres of commercial uses and 364 residential units.

On September 26, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame prescribed in the Planning Act. Revised plans have been submitted by the applicant with prejudice, as reflected in this report.

On June 18, 2024, the applicant submitted revised plans and an application under Section 42 of the Ontario Heritage Act to alter the on-site heritage resources, erect a new building on the property and demolish select attributes, with conditions, to allow for the construction of a new mixed-use building within a designated Heritage Conservation District (HCD).

The proposal involves retaining the contributing buildings at 298-300 King Street East in situ and removing the later one-and-a-half storey rear addition on the north elevation at 300 King Street East. The remaining building fabric, including the buildings on the non-contributing properties, is proposed to be removed to accommodate new construction. The new construction is comprised of a 46-storey tower to the north of the retained buildings, a one-and-a-half storey 5.9 metre tall infill component at 296 King Street East and a three-storey podium and streetwall along Berkeley Street. The tower component is set back from the retained buildings by 15.1 metres and cantilevers approximately two metres over the retained buildings at the sixth-floor level, with three stepbacks from King Street East.

The proposed development is consistent with the existing provincial and municipal policy framework and proposes an overall conservation strategy that is consistent with the SLHCD Plan and not contrary to the Plan’s Objectives.

At its meeting on September 20, 2024 the Toronto Preservation Board considered Item PB22.4 and made recommendations to City Council.

Summary from the revised report (September 16, 2024) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations, demolition and new construction under Part V Section 42 of the Ontario Heritage Act proposed for the heritage properties at 296-300 King Street East and 56-60 Berkeley Street in connection with the redevelopment of the site. The site is located within the St. Lawrence Neighbourhood Heritage Conservation District (SLHCD) which is designated under Part V of the Ontario Heritage Act.

The properties at 298-300 King Street East (which includes 56 Berkeley Street) are identified as contributing, with attributes that characterize the commercial warehouse typology in the District. The properties at 296 King Street East and 58-60 Berkeley Street are identified as non-contributing in the SLHCD Plan. The adjacent properties at 528 Adelaide Street East and 70 Berkeley Street, and 359-361 King Street East and 54 Berkeley Street are also identified as contributing properties in the SLHCD Plan.

On November 9, 2021, the City received Official Plan Amendment and Zoning By-law Amendment applications related to the proposed development of the subject properties to permit a 34-storey mixed use building with 1,188 square metres of commercial uses and 364 residential units.

On September 26, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) due to Council not making a decision within the time frame prescribed in the Planning Act. Revised plans have been submitted by the applicant with prejudice, as reflected in this report.

On June 18, 2024, the applicant submitted revised plans and an application under Section 42 of the Ontario Heritage Act to alter the on-site heritage resources, erect a new building on the property and demolish select attributes, with conditions, to allow for the construction of a new mixed-use building within a designated Heritage Conservation District (HCD).

The proposal involves retaining the contributing buildings at 298-300 King Street East in situ and removing the later one-and-a-half storey rear addition on the north elevation at 300 King Street East. The remaining building fabric, including the buildings on the non-contributing properties, is proposed to be removed to accommodate new construction. The new construction is comprised of a 46-storey tower to the north of the retained buildings, a one-and-a-half storey 5.9 metre tall infill component at 296 King Street East and a three-storey podium and streetwall along Berkeley Street. The tower component is set back from the retained buildings by 15.1 metres and cantilevers approximately two metres over the retained buildings at the sixth-floor level, with three stepbacks from King Street East.

The proposed development is consistent with the existing provincial and municipal policy framework and proposes an overall conservation strategy that is consistent with the SLHCD Plan and not contrary to the Plan’s Objectives.