STAFF REPORT

ACTION REQUIRED

401, 407-409 and 415 King Street West - Zoning

Amendment Application - Preliminary Report

Date: January 27, 2011

To: Toronto and East York Community Council

From: Director, Community Planning, Toronto and East York District

Wards: Ward 20 – Trinity-Spadina

Reference
10 197695 STE 20 OZ
Number:

SUMMARY

This application was made after January 1, 2007 and is subject to the new provisions of
the Planning Act and the City of Toronto Act, 2006.

This application proposes to amend the former City of Toronto Zoning By-law 438-86
and comprehensive Zoning By-law No. 1156-2010 to permit the development of a 39-
storey mixed-use building containing 443 residential units. Approximately 3,945 square
metres of retail area is proposed at grade and on the 2nd floor. At grade retail access
would be provided to both King Street West
and Spadina Avenue. On-site parking is to be
provided in a five (5) level underground
parking garage.

This report provides preliminary information

on the above-noted application and seeks
Community Council's directions on further
processing of the application and on the
community consultation process.

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RECOMMENDATIONS

The City Planning Division recommends that:

1. Staff be directed to schedule a community consultation meeting for the lands at

401, 407-409 and 415 King Street West together with the Ward Councillor.

2. Notice for the community consultation meeting be given to landowners and

residents within 120 metres of the site.

3. Notice for the public meeting under the Planning Act be given according to the
regulations under the Planning Act.

Financial Impact
The recommendations in this report have no financial impact.

DECISION HISTORY
The property at 415 King Street West was the subject of a Site Plan Control application
and a minor variance application in 2008 to allow for the construction of a one-storey
LCBO store. The LCBO store was constructed in 2009.

Pre-Application Consultation
A pre-application consultation meeting was held with the applicant to discuss complete
application submission requirements.

ISSUE BACKGROUND

Proposal
The applicant proposes the development of a 39-storey mixed-use building (126.5 metres,
excluding mechanical) containing 443 residential units. The building will be composed
of an eight-storey base building which steps up to eleven storeys at the Spadina Avenue
frontage. The base building floor plates are between approximately 1,850 square metres
and 1,660 square metres up to the 8th storey (30 metres in height) and between 1,090
square metres and 1,050 square metres up to the 11th storey (41 metres in height). The
proposed base building would incorporate the four to six- storey façade of the heritage
building on the eastern portion of the property. The 31- storey tower has a floor plate of
approximately 680 square metres. The mechanical elements of the building would add
another 5 metres in height for an overall height of 131.5 metres.

The proposed gross floor area of the development is 36,336 square metres. The proposed
residential gross floor area is 32,632 square metres and the non-residential gfa is 3,704
square metres, resulting a floor space index of 16.8. The proposed unit mix consists of
116 studio units, 118 one-bedroom plus den units, 164 two-bedroom plus den units and

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45 three bedroom units for a total of 443 units. A total of 311 parking spaces are
proposed in a five (5) level underground parking garage. Four hundred and forty-three
bicycle parking spaces are proposed. Vehicular access to parking and loading is
proposed at the south side of the site from an existing public laneway off Spadina
Avenue, (see Attachment 6 – Application Data Sheet).

Site and Surrounding Area

The site is located at the southeast corner of King Street West and Spadina Avenue. It
has a frontage of approximately 61 metres on King Street West and approximately 30
metres on Spadina Avenue and an area of approximately 2,157 square metres. There is a
public lane which runs along the south edge of the site that will be used for vehicular
access for parking and loading.

The site is currently occupied by a one storey LCBO store located at 415 King Street
West at the corner of King Street West and Spadina Avenue. The three properties which
comprise the eastern portion of the site municipally known as 401, 407-409 King Street
West are occupied by a four to six-storey commercial-office building.

The site is surrounded by the following uses:

North: The northern edge of the site is defined by King Street West. On the north side of
King Street West opposite the subject site on the east side of Spadina Avenue is a
21-storey mixed-use building (the Hudson). To the east of the Hudson, the site at
430 King Street West has been approved for a 36-storey residential condominium
tower (Charlie). This building is under construction. To the east on the north side
of King Street West are one to two-storey commercial buildings occupied by a
Shoppers Drug Mart, Mountain Equipment Coop and a coffee shop. On the
northeast corner of Peter Street and King Street West is the 20-storey Hyatt
Regency Hotel/office building.

South: To the immediate south of the subject site is a public laneway, opposite which is a
two-storey brick building fronting on Spadina Avenue with a Winners store on the
ground floor. Further south is a Petro Canada Station and Clarence Square Park.

West: To the west of the site on the opposite side of Spadina Avenue and fronting on
King Street West are commercial-office buildings ranging in height from two to
six storeys. On the north side of King Street West, just west of Spadina Avenue
at 478 King Street West a 12-storey mixed-use building (Victory) is under
construction.

East: To the east of the site is a 12-storey mixed-use building with a three-storey
podium and a nine-storey tower. The tower features a blank wall facing west
toward the subject site. To the east of this building are several three storey
commercial buildings, including the Europe Bound store at 383 King Street West
and a 34 storey mixed-use building under construction at 371-379 King Street
West (M5V).

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Provincial Policy Statement and Provincial Plans
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS sets the policy
foundation for regulating the development and use of land. The key objectives include:
building strong communities; wise use and management of resources; and, protecting
public health and safety. City Council’s planning decisions are required to be consistent
with the PPS.

The Growth Plan for the Greater Golden Horseshoe provides a framework for managing
growth in the Greater Golden Horseshoe including: directions for where and how to
grow; the provision of infrastructure to support growth; and protecting natural systems
and cultivating a culture of conservation. City Council’s planning decisions are required
to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe.

Staff will review the proposed development for consistency with the PPS and for
conformity with the Growth Plan for the Greater Golden Horseshoe.

Official Plan
The site is designated Regeneration Area in the new City of Toronto Official Plan which
permits the proposed residential and commercial uses. Chapter 6.16 of the new Official
Plan contains the King-Spadina Secondary Plan. The King-Spadina Secondary Plan
emphasizes the reinforcement of the characteristics and qualities of the area through
special attention to built form and the public realm. In particular, the policies of Section
3 - Built Form specify that new buildings will achieve a compatible relationship with
their built form context through consideration of such matters as building height,
massing, scale, setbacks, stepbacks, roof line and profile and architectural character and
expression.

Zoning By-law 438-86

The site is zoned Reinvestment Area (RA) by Zoning By-law 438-86, as amended (see
Attachment 4 - Zoning Map, By-law No. 438-86). As part of the RA zoning controls,
density standards were replaced by built form objectives expressed through height limits
and setbacks.

The By-law provides for maximum heights of 30 metres for the properties at 401 and
407-409 King Street West and 39 metres for the property at 415 King Street West. The
By-law requires a maximum height of 16 metres at the lot line and a 44 degree angular
plane applies to additional height. Specific provisions regarding lots with heritage
buildings, including provisions for increases in permitted height and resulting densities in
exchange for the historic conservation of any heritage building located on the lot are also
cited.

The site at 401 King Street West is subject to a prevailing site specific Zoning By-law
amendment (By-law No. 454-86) which established permissions for commercial and

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institutional uses subject to a maximum non-residential gross floor area of 1,038 square
metres.

Zoning By-law 1156-2010

At its meeting on August 25-27, 2010, City Council enacted a new City-wide
comprehensive Zoning By-law (By-law No. 1156-2010). This By-law was enacted to
reflect the City’s Official Plan as required by the Planning Act. The subject site is zoned
as Commercial Residential Employment Zone (CRE) in By-law No. 1156-2010 (see
Attachment 5 - Zoning Map, By-law No. 1156-2010). The purpose of the CRE
(Commercial Residential Employment) Zone is to provide a range of retail, service
commercial, office, residential and limited industrial uses in single use buildings and
mixed use buildings. Permissions for maximum building height, building height at the
lot line and requirements for an angular plane are identical to those required in By-law
438-86 as described above.

Exception 80 (x80) indicates that certain site-specific zoning by-laws will prevail on
individual sites within the exception area. The site at 401 King Street West is subject to a
prevailing site specific Zoning By-law amendment as noted above.

City of Toronto Tall Building Guidelines

The Design Criteria for Review of Tall Building Proposals provide direction on matters
related to the scale of buildings, building floor plates and spatial separation. Key criteria
in the Guidelines are minimum facing distances of 25 metres between towers in order to
achieve appropriate light and privacy, minimum side and rear yard tower setbacks of 12.5
m, and articulation of tower floor plates that are larger than 743 sq. m. to break down the
massing of the building.

King-Spadina Secondary Plan Review and King-Spadina East Precinct Built

Form Study (2009)
The subject site falls within both the Spadina District and the East Precinct as identified
within the King-Spadina East Precinct Built Form Study, which was considered by
Council in 2009. The Study included the principle that heights decrease generally from
east to west (University Avenue to Spadina Avenue), and from south to north (Front
Street to Queen Street). Within this general height trend are areas of localized conditions.

The four to six storey listed heritage building at 401 and 407-409 King Street West is
located within the East Precinct in an area where buildings with additional height beyond
the “First Tier” or as-of-right heights as provided in By-law 483-86 are to be considered.
The portion of the property occupied by the LCBO store within the Spadina District was
identified as having a lower height permission than properties to the east. Applications
for buildings with “Second Tier” height permissions are to be considered in light of the
policy objectives in the King-Spadina planning framework as well as the built form
standards that apply to any tall building development in the City, including but not
limited to: respect for heritage in the immediate context; preservation of sunlight on
important pedestrian streets (including King Street West); conformity with the King-

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Spadina Built Form Guidelines; and achieving a 25 metre tower separation and a
maximum 750 square metre floor plate to address light, view and privacy.

Reasons for the Application

The applicant has submitted a Zoning By-law Amendment application to permit a
building that exceeds the permitted maximum building height of 30 metres and 39 metres
by approximately 101.5 metres and 92.5 metres respectively, resulting in a proposed
building height of 131.5 metres inclusive of the mechanical penthouse. In addition, the
proposed building does not comply with other restrictions that are in effect on the lands.

COMMENTS

Application Submission
The following reports/studies were submitted with the application:
Planning and Urban Design Rationale;
Shadow Study;
Boundary Plan of Survey;
Architectural Plans;
Context Plan;
Concept Site Plan;
Underground Garage Plans;
Heritage Impact Assessment;
Functional Servicing Report;
Stormwater Management Report;
Transportation Impact Study;
Preliminary Pedestrian Level Wind Assessment; and
Green Standards Checklist.

A Notification of Complete Application letter was issued on October 20, 2010.

Issues to be Resolved
The subject property is partially located within the King-Spadina Secondary Plan, East
Precinct area. The Toronto Entertainment District BIA has completed a Master Plan for
their boundaries, which includes this area.

Issues to be addressed include, but are not necessarily limited to:

1. Conformity with the existing Urban Structure and Built Form policies of the
King-Spadina Secondary Plan;
2. Compliance with the Design Criteria for Review of Tall Building Proposals;
3. Height and massing relationships with the immediate area and resulting shadow
impacts on the King Street West and Spadina Avenue public realm and properties
in the vicinity;
4. Traffic, parking, site servicing, and impacts on the pedestrian realm that may
result from the intensity and scale of the proposed development;

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5. Compliance with the applicable Official Plan and Zoning By-law requirements
regarding the preservation of built heritage resources;
6. Identification and securing of community benefits under Section 37 of the
Planning Act, should the proposed development, or some version thereof advance,
will be assessed in accordance with Sections 5.1 and 7.2 of the King-Spadina
Secondary Plan.

Additional issues may be identified through the further review, circulation to City
Divisions and the community consultation process.

Toronto Green Standard

The Toronto Green Standard (TGS) is a tool to implement the broader environmental
policies of the Official Plan. Several of the natural environment policies of the Official
Plan encourage green development. These policies are geared to reduce the negative
impacts of development on the natural environment through practices such as improved
stormwater management, water and energy efficiency, and waste reduction and recycling.
These policies also promote development that enhances the natural environment and
support green industry.

The TGS Checklist has been submitted by the applicant and is currently under review by
City staff for compliance with the Tier 1 performance measures.

CONTACT
Dan Nicholson, Senior Planner
Tel. No. (416) 397-4077
Fax No. (416) 392-1330
E-mail: [email protected]

SIGNATURE

_______________________________

Gregg Lintern, MCIP, RPP, Director

Community Planning, Toronto and East York District

(P:\2011\Cluster B\pln\teycc5044975065.doc ) – dn

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ATTACHMENTS
Attachment 1: Site Plan
Attachment 2: North and West Elevations
Attachment 3: South and East Elevations
Attachment 4: Zoning (By-law No. 438-86)
Attachment 5: Zoning (By-law No. 1156-2010)
Attachment 6: Application Data Sheet

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 Attachment 1: Site Plan

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 Attachment 2: North and West Elevations

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 Attachment 3: South and East Elevations

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 Attachment 4: Zoning (By-law No. 438-86)

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 Attachment 5: Zoning (By-law No. 1156-2010)

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 Attachment 5: Application Data Sheet

APPLICATION DATA SHEET

Application Type Rezoning Application Number: 10 197695 STE 20 OZ

Details Rezoning, Standard Application Date: June 16, 2010

Municipal Address: 401, 407-409 and 415 KING STREET WEST

Location Description: **GRID S2015
Project Description: Standard rezoning application for construction of new mixed use building containing
commercial on ground and second floor with residential above - 442 residnetial suites - 311
Parking spaces below grade - 5 levels below grade parking - 39 storey building. Lands are
401-415 King West Inclusive
Applicant: Agent: Architect: Owner:
BOUSFIELDS INC CORE ARCHITECTS INC. TERRACAP
MANAGEMENT INC
PLANNING CONTROLS
Official Plan Designation: Regeneration Areas Site Specific Provision:
Zoning: RA Historical Status: Y
Height Limit (m): 30 Site Plan Control Area: Y

PROJECT INFORMATION
Site Area (sq. m): 2157 Height: Storeys: 39
Frontage (m): 29.4 Metres: 126.5
Depth (m): 66
Total Ground Floor Area (sq. m): 1846 Total
Total Residential GFA (sq. m): 30860 Parking Spaces: 311
Total Non-Residential GFA (sq. m): 3704 Loading Docks 3
Total GFA (sq. m): 34564
Lot Coverage Ratio (%): 85.6
Floor Space Index: 14.31

DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion)

Tenure Type: Condo Above Grade Below Grade
Rooms: 0 Residential GFA (sq. m): 30860 0
Bachelor: 116 Retail GFA (sq. m): 3704 0
1 Bedroom: 118 Office GFA (sq. m): 0 0
2 Bedroom: 164 Industrial GFA (sq. m): 0 0
3 + Bedroom: 45 Institutional/Other GFA (sq. m): 0 0
Total Units: 443

CONTACT: PLANNER NAME: Dan Nicholson, Community Planner

TELEPHONE: (416) 397-4077

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