The City Planning Division recommends that the recommendations in the January 15, 2010, Final Report be replaced with the following revised recommendations:

1.         City Council amend the Zoning By-law for the lands at 295 Adelaide Street West  and 100-104 John Street substantially in accordance with the draft Zoning By-law Amendment provided in Attachment 1 of the report dated February 4, 2010, 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.

3.         Prior to the introduction of Bills, City Council require that the applicant’s Functional Servicing Report and Transportation Impact Study shall be revised to the satisfaction of the Executive Director of Technical Services.

4.         Prior to the introduction of Bills, City Council authorize the introduction of the necessary Bill authorizing the entering into a Heritage Easement Agreement for the relocation of 104 John Street.

5.         Prior to the introduction of Bills, City Council require the applicant to submit a Conservation and Rehabilitation Plan for the relocation and restoration of the heritage building at 104 John Street, prepared by a qualified heritage consultant, to the satisfaction and acceptance of the Manager, Heritage Preservation Services.  The Conservation and Rehabilitation Plan must include the following items: (1) “blow-up” elevations and sections of the heritage property; (2) existing conditions assessment; and (3) feasibility study to further explore the method in which relocation of the structure would occur so that the integrity of the heritage structure is not physically compromised.

6.         Prior to the introduction of Bills, City Council authorize the appropriate City officials and require the owner to execute an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor, to secure the following facilities, services and matters:

a.         An indexed cash contribution of $1,300,000.00, of which 10% will be allocated to affordable housing in Ward 20, and the remainder for the provision of one or more of the following:

-           streetscape improvements on John Street;

-           design development supporting the John Street streetscape project; and

-           Heritage Conservation District Studies in the King Spadina East Precinct subject to the appropriate Official Plan Amendment coming into force and effect.

$100,000 of the above cash contribution is to be provided at the enactment of Bills, for the purpose of contributing to design development for the John Street streetscape or one or more Heritage Conservation District studies within the East Precinct of King-Spadina, subject to the appropriate Official Plan Amendment coming into force and effect; $500,000 (indexed) to be provided prior to the issuance of an above-grade building permit; and the remaining $700,000 (indexed) is to be provided prior to the release of the condominium for registration.

b.         A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost.

c.         The provision of a publicly accessible landscaped open space on the John Street frontage of the site, with a minimum size of 335 sq. m.

d.         In substantial accordance with the Conservation Plan prepared by Goldsmith Borgal & Company Ltd. Architects, dated June 17, 2009, and on file with the Manager, Heritage Preservation Services, the owner shall relocate and restore the heritage building at 104 John Street, and in the event of a lesser expenditure than identified in the Conservation Plan, the difference shall be re-directed to Heritage Conservation District studies within the King-Spadina East Precinct.

e.         Prior to Site Plan Approval, the applicant shall provide additional information, based on the proposed Conservation Plan drawings to include documentation substantially in accordance with that outlined in Section 3.2.1 Option A (page 12) of the submitted Conservation Plan, specifically:

i.          a detailed plan to outline mitigation measures that address construction impacts relative to the on-site heritage structures;

ii.         plans for interpretive panels or other interpretive materials to communicate the development history of the property including the research content, design and location of the interpretive materials. The interpretation plan shall include panels or materials at both the existing location of the heritage building and the proposed location within the development site. All above components of the plan shall be to the satisfaction of the Manager of Heritage Preservation Services; and

iii.        provide a landscape plan for the subject property to the satisfaction of the Manager of Heritage Preservation Services.

f.          Prior to the issuance of any building permit, including for demolition, excavation, shoring, foundation or above grade, the owner shall;

i.          provide a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work included in the Conservation Plan;

ii.         provide final plans satisfactory to the Manager of Heritage Preservation Services.

g.         Prior to the release of the Letter of Credit, the owner shall provide evidence and documentation that the project scheme has been implemented, per the approved Conservation Plan, satisfactory to the Manager, Heritage Preservation Services.

h.         Prior to Site Plan Approval, provide a program of commemoration/ interpretation of archaeological findings within the context of the site's development, to the satisfaction of the Manager, Heritage Preservation Services.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          A minimum of ten percent (10%) of the residential units in the building will have at least three bedrooms, or be convertible to three or more bedrooms.

j.          Architectural plans, elevations and landscape drawings will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and the owner will be required to submit 1:50 scale elevation drawings for the podium illustrating materials and finishes to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

k.         The owner shall incorporate in the construction of the building, and thereafter, maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director.

l.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director of City Planning Division, received May 4, 2009.

m.        The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as reviewed and accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development. 

n.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

o.         Provide and maintain an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

7.         City Council authorize the appropriate City officials to complete the process to stop up and close the public laneway at the north end of the site.

8.         Prior to the issuance of any below grade permits, including excavation and shoring, the applicant confirm that all archaeological licensing and technical review requirements have been completed to the satisfaction of the City's Planning Division (Heritage Preservation Services Unit) and the Ministry of Culture (Heritage Operations Unit).

The January 15, 2010 report, “295 Adelaide Street West and 100-104 John Street - Zoning By-law Amendment Application - Final Report”, recommends approval for a 43-storey mixed use building at 295 Adelaide Street West and 100-104 John Street.  At the time of report preparation, the Section 37 contribution details were still under discussion between the applicant, staff and the Councillor.  The details have now been resolved.  This supplementary report provides revised recommendations as a result of concluding the negotiations with the applicant.  It also includes the Draft Zoning By-law for the development, in Attachment 1.

The City Planning Division recommends that the recommendations in the January 25, 2010, Final Report be replaced with the following revised recommendations:

1.         City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law Amendment attached to the Supplementary Report dated February 8, 2010 from the Director, Community Planning, Toronto and East York District, as Attachment No. 1.

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.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement under Section 37 of the Planning Act to secure the following:

a.         A payment of $500,000.00, when the site-specific by-law allowing the development comes into full force and effect, and indexed to the non-residential Construction Price Index for Toronto, for the period from the coming into force of the By-law to the date of payment.

b.         Provision and maintenance of works of public art in publicly accessible portions of the site, or on lands owned by the City in the vicinity, of a value not less than one percent of the cost of construction of all buildings and structures erected on the site.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

c.         At the sole discretion of the City's Chief Planner and Executive Director, City Planning Division in consultation with the City's Executive Director, Technical Services for which the owner shall obtain approval in writing from the Chief Planner prior to the issuance of any site plan approval for any portion of the lot pursuant to Section 114 of the City of Toronto Act, 2006, either:

i.          maintenance of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the "Bay" Toronto Transit Commission subway station; or

ii.         construction, provision and maintenance of a new north-south corridor commencing at the concourse-level connection to the "Bay" Toronto Transit Commission subway station within the building permitted by this By-law and terminating at or near the north-west corner of the lot, together with the construction at the end of the terminus of such corridor of a "knock-out" panel allowing for a simplified connection to a future underground tunnel that may be constructed to connect other lands located further north on Bay Street; or

iii.        such other alternative connection as the owner and the Chief Planner may agree upon in writing, with any such required corridors, connections and "knock-out panel" to be completed prior to the first occupancy of any building erected on the lot subsequent to the enactment of this by-law.  For the sake of clarity, in the event the owner and the Chief Planner cannot agree on an alternative option as provided in clause iii. herein, the owner shall provide either the option in paragraph i. or ii as determined in the sole discretion of the Chief Planner.

The owner shall provide a letter of credit to the City prior to the issuance of the first above grade building permit for any portion of the lot in an amount sufficient to secure these requirements, to the satisfaction of the Chief Planner in consultation with the Chief Building Official.

d.         Provision and maintenance of a continuous publicly accessible pedestrian connection from Bay Street, at grade, to the concourse level of the proposed building and connecting to the TTC subway station entrance access below Bay Street.

e.         Construction, provision and maintenance of a continuous publicly accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B and connecting to the below-grade pedestrian connection located below Yonge Street leading to the "Bloor" Toronto Transit Commission subway station.

             f.         Streetscape improvements adjacent to the site.

g.         Approval of architectural plans, elevations and landscape drawings to the satisfaction of the Chief Planner and Executive Director, City Planning Division in conjunction with the Site Plan Application, and submission of 1:50 scale elevation drawings for the podium illustrating materials and finishes to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

h.         Provision and maintenance of an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

i.          The provision and maintenance of required wind mitigation measures, as identified in a wind tunnel analysis report submitted by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the incorporation of such measures into the plans and drawings to be approved pursuant to Section 114 of the City of Toronto Act, 2006.

j.          Preparation of a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Technical Services.

k.         Payment of costs associated with the proposed conversion of Cumberland Street to two-way operation, from Bay Street up to the site access driveway, including all costs associated with the functional pavement marking and signing plan as may be approved by the City through site plan approval.

l.          If prior to the issuance of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, for the lot or any portion of thereof, City Council does not authorize the conversion of the portion of Cumberland Street adjacent to the vehicular access driveway proposed on Parcel A from one-way to two-way operation, the owner shall, prior to the issuance of site plan approval and prior to any building permit issuing for any portion of the lot, seek approval for the reconfiguration of the ground floor plan and parking garage of the proposed development so as to relocate the vehicular ingress/egress, or for the implementation of another suitable alternative access scheme, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Executive Director, Technical Services.

4.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to the above-noted recommendations.

5.         City Council determine that no further notice is required under the Planning Act with respect to this matter.