462 Wellington Street West and 489-539 King Street West Zoning Amendment - Final Report

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The decision

2022-07-19 · Toronto City Council · amended

As filed

City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council amend the Zoning By-law, for the lands at 462 Wellington Street West and 489 - 539 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report (June 13, 2022) 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 Zoning By-law Amendment as may be required.

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3. City Council authorize the City Solicitor to submit the necessary Bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit, with the exception of demolition, shoring and building permits for construction of a trench, hydro vault/mechanical room and related matters to facilitate expansion of the Enwave network, will be issued until such time as the Section 37 Agreement is executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of $900,000.00 to be allocated, to the following capital improvements, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor: aa. $720,000.00 towards the design and construction of the future park at 456 Wellington Street West; and bb. $180,00.00 for the provision of new affordable rental housing units in or the capital improvement of existing affordable housing in Ward 10, to be directed towards the City of Toronto's Capital Revolving Fund for Affordable Housing; ii. the financial contribution pursuant to Parts 4.a.i.aa. and bb. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the Zoning By-law Amendment(s) to the date of payment; iii. in the event the cash contributions referred to in Parts 4.a.i.aa. and bb. above have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; and iv. the owner shall construct, provide and maintain a Privately Owned and Publicly-Accessible Open Space at 462 Wellington Street West with a minimum area of 230 square metres at the northern edge of the property in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the Privately Owned and Publicly-Accessible Open Space to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor; and ii. prior to site plan approval, the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment in the Functional Servicing and Stormwater Management Report(s), as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development. 5. Before introducing the necessary Bills to Council, City Council require that the Consent Application File 22-159727 STE 10 CO that proposes a permanent below-grade easement from the property at 489 - 539 King Street West to enable the extension of the below grade garage at 462 Wellington Street West to connect to the below-grade garage at 489 - 539 King Street West be approved by the Committee of Adjustment and such decision is final and binding. 6. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that promotes design excellence and distinction of the new park secured at 456 Wellington Street West, with the involvement of the Wellington Place Resident's Association, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders. 7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific Zoning By-law for the lands at 462 Wellington Street West before the second anniversary of the first day on which any part of the site specific By-law comes into effect. 8. City Council determine that the amendments made to the proposed Zoning By-law are minor in nature, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law.

On the agenda

As the city filed it

This application proposes to amend the Zoning By-law to permit a 15-storey (50 metres inclusive of mechanical penthouse) mixed-use building with retirement residential uses, including independent, assisted living and memory care units and rooms, office and retail uses at 462 Wellington Street West. There is a designated heritage building on the west portion of the property known as the Northrop and Lyman Company Manufacturing Building that is proposed to be conserved and re-used for office and retail purposes.

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The proposal includes a total of 137 dwelling rooms and units and 7,561 square metres of non-residential floor area. A 230 square metre Privately Owned Publicly-Accessible Open Space (POPS) is proposed along the north portion of the site. The application also proposes the extension of the below-grade garage onto the adjacent property to the north at 485-539 King Street West to provide for a connection between the two buildings to facilitate a below-grade shared access for parking and loading purposes. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan and King-Spadina Secondary Plan. The proposal conserves a significant heritage building, presents an appropriate built form that is compatible with the surrounding context, provides for retirement housing, and proposes public realm enhancements in keeping with the Official Plan and King- Spadina Secondary Plan. This report reviews and recommends approval of the proposed Zoning By-law Amendment.

Staff recommended

The City Planning Division recommends that: 1. City Council amend the Zoning By-law, for the lands at 462 Wellington Street West and 489 - 539 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report (June 13, 2022) 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 Zoning By-law Amendment as may be required.

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3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of $900,000.00 to be allocated, to the following capital improvements, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor: aa. $720,000.00 towards the design and construction of the future park at 456 Wellington Street West; and bb. $180,00.00 for the provision of new affordable rental housing units in or the capital improvement of existing affordable housing in Ward 10, to be directed towards the City of Toronto's Capital Revolving Fund for Affordable Housing; ii. All cash contributions referred to in Recommendation 4. a) i. aa. and bb. shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date the payment is made; iii. in the event the cash contributions referred to in Recommendation 4. a) i. aa. and bb. have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; iv. the owner shall construct, provide and maintain a Privately Owned and Publicly-Accessible Open Space ("POPS") at 462 Wellington Street West with a minimum area of 230 square metres at the northern edge of the property in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor; ii. prior to site plan approval, the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment in the Functional Servicing and Stormwater Management Report(s), as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development. 5. Before introducing the necessary bills to City Council, that Consent Application File No. 22-159727 STE 10 CO that proposes a permanent below-grade easement from the property at 489 - 539 King Street West to enable the extension of the below grade garage at 462 Wellington Street West to connect to the below-grade garage at 489 - 539 King Street West be approved by the Committee of Adjustment and such decision is final and binding. 6. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that promotes design excellence and distinction of the new park secured at 456 Wellington Street West, with the involvement of the Wellington Place Resident's Association, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders. 7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 462 Wellington Street West before the second anniversary of the first day on which any part of the site specific by-law comes into

Considered

2022-06-29 · Toronto and East York Community Council · amended
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council amend the Zoning By-law, for the lands at 462 Wellington Street West and 489 - 539 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report (June 13, 2022) 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 Zoning By-law Amendment as may be required.
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3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of $900,000.00 to be allocated, to the following capital improvements, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor: aa. $720,000.00 towards the design and construction of the future park at 456 Wellington Street West; and bb. $180,00.00 for the provision of new affordable rental housing units in or the capital improvement of existing affordable housing in Ward 10, to be directed towards the City of Toronto's Capital Revolving Fund for Affordable Housing; ii. The financial contribution pursuant to Recommendations 4.a) i. aa. and bb. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; iii. in the event the cash contributions referred to in Recommendation 4. a) i. aa. and bb. above have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; iv. the owner shall construct, provide and maintain a Privately Owned and Publicly-Accessible Open Space ("POPS") at 462 Wellington Street West with a minimum area of 230 square metres at the northern edge of the property in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor; ii. prior to site plan approval, the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment in the Functional Servicing and Stormwater Management Report(s), as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development. 5. Before introducing the necessary bills to City Council, that Consent Application File No. 22-159727 STE 10 CO that proposes a permanent below-grade easement from the property at 489 - 539 King Street West to enable the extension of the below grade garage at 462 Wellington Street West to connect to the below-grade garage at 489 - 539 King Street West be approved by the Committee of Adjustment and such decision is final and binding. 6. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that promotes design excellence and distinction of the new park secured at 456 Wellington Street West, with the involvement of the Wellington Place Resident's Association, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders. 7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 462 Wellington Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
Clerk’s note
The Toronto and East York Community Council held a statutory public meeting on June 30, 2022 and notice was given in accordance with the Planning Act.
2022-07-19 · Toronto City Council · amended

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