301-319 King Street West - Zoning By-law Amendment Application - Request for Directions Regarding Local Planning Appeal Tribunal Hearing

On April 4, 2013, the Applicant submitted a Zoning By-law Amendment application to the City proposing to amend former City of Toronto Zoning By-law 438-86 and City of Toronto Zoning By-law 569-2013 to permit the development of a 42-storey (174.6 metres in height, including mechanical penthouse) commercial building at 305-319 King Street West (the "Original Proposal"). The Original Proposal included office, hotel, and restaurant uses, as well as four levels of underground parking. Portions of the heritage buildings on the site were proposed to be retained and integrated into the 5-storey podium of the new building. The Original Proposal did not include any setbacks from the eastern property line, and therefore provided no tower separation to the neighbouring property. The total proposed gross floor area ("GFA") of the Original Proposal was 38,343 square metres, with a floor space index ("FSI") of 31.5. The tower floor plate proposed was 900 square metres. On December 3, 2017, the Applicant appealed the Application to the Ontario Municipal Board ("OMB") (now known as the Local Planning Appeal Tribunal ("LPAT")) as LPAT File No. PL171514. The first prehearing conference was held on October 3, 2018 before the LPAT. The second prehearing conference was held on May 13, 2019. In October 2019, as a result of discussions between the Applicant and City staff, the Applicant modified their application and submitted revised plans to the City dated October 28, 2019 (the "Revised Proposal"). The Revised Proposal (which now also includes the property at 301-303 King Street West) proposes a 50-storey mixed-use residential and commercial building, with a reduced total height of 157 metres. As part of the Revised Proposal the Applicant also proposed a revised heritage retention strategy regarding the existing heritage buildings included as part of the development and submitted an updated Heritage Impact Assessment ("HIA"), prepared by Philip Goldsmith Architect, dated October 25, 2019. On December 9, 2019, the Applicant's counsel, McMillan LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer"). The Settlement Offer proposes a resolution of the LPAT appeal based on the Revised Proposal and further proposes to provide to the City a Section 37 cash contribution of $3.2 million to be put towards community benefits. The Revised Proposal and the Settlement Offer are described in further detail in the "Comments" section below. The Settlement Offer is included as Public Attachment 1 to this report. The architectural plans showing the Revised Proposal dated October 28, 2019 by Scott Shields Architects Inc. are included as Public Appendix 1 to Public Attachment 1 to this report. It should be noted that a related alterations report from Heritage Preservation Service ("HPS") dated October 29, 2019, is also intended to be considered by City Council at its meeting on December 17 and 18, 2019, as Item TE11.9 (the "Heritage Report"). The Heritage Report recommends that City Council approve alterations to the heritage properties on the Subject Site in accordance with Section 33 of the Ontario Heritage Act in order to permit a development pursuant to the Revised Proposal and the updated HIA, subject to certain conditions of approval. The Heritage Report also recommends that City Council designate the properties at 305, 309, and 311 King Street West under Part IV of the Ontario Heritage Act. The Heritage Report should be considered in conjunction with this report. A copy of the Applicant's letter to the Toronto and East York Community Council regarding Item TE11.9 and the Heritage Report is also included as Public Appendix 2 to Public Attachment 1 to this report. The purpose of this report is to request further instructions regarding the Settlement Offer in relation to the LPAT appeal. City Planning has been involved in the preparation of this report.