July 7, 1998

 To:Toronto Community Council

 From:Commissioner of Urban Planning & Development Services

 Subject:Revised Settlement - King Spadina Part II Plan - 250 Wellington Street West (Ward 24)

 Purpose:

 This report outlines the basis for a revised settlement of the appeal to the Ontario Municipal Board by the owners of 250 Wellington Street West to the King Spadina Part II Plan and Zoning By-law Amendment were made necessary by project changes proposed by the owners.

 Source of Funds:

 Not applicable.

 Recommendations:

 1.That the Commissioner of Urban Planning and Development Services, Commissioner of Works and Emergency Services, City Solicitor and other appropriate officials, be authorized to settle the appeal to the Ontario Municipal Board in accordance with the revised building height envelope set out on Map 1 (attached) and the zoning variances outlined by the Chief Building Official.

 2.That the City Solicitor be instructed to seek approval of the Ontario Municipal Board of the revised settlement, if necessary, independent of the other appeals still outstanding to the King-Spadina Part II Plan and implementing Zoning By-law.

 3.That City Council amend the authority of the former Council for the City of Toronto re: Clause 12 of Report No. 16 of the Land Use Committee as it applies to the terms of settlement for 250 Wellington Street West, so that the building envelope to be secured is that referred to in recommendation 1.

 Council Reference/Background:

 The King-Spadina Part II Plan and implementing Zoning By-law, were passed in 1996. There are four outstanding appeals that have still not been resolved:

 304 Front Street West and 50 John Street

340 Front Street West

400 Front Street West

354 Wellington Street West and 36 Blue Jays Way

 In October 1997, the former City of Toronto reached a settlement with the owners of 250 Wellington Street West (Clause 12 of report 16 of the Land Use Committee). Since that time the owners have revised the design of the project to respond to market conditions and are now actively marketing the site.

 Representation has already occurred before the Ontario Municipal Board resulting in approval of the implementing By-laws for all of the King-Spadina area excluding the lands under appeal. While the Ontario Municipal Board expressed a desire for any settlement of the appeals to be brought before them as a package, the status of the proposed development at 250 Wellington Street West is much further advanced than any of the other sites. Accordingly, I am recommending that approval of the Ontario Municipal Board be sought on the basis of the settlement outlined in this report.

 Comments and/or Discussion and/or Justification:

 The 250 Wellington Street West site is proposed to be divided into three parcels. The largest segment is for a residential condominium fronting on Wellington St. West from Blue Jays Way to a point 131 m to the west. The remainder of the Wellington Street frontage and a portion of the John Street frontage is now proposed for an office building. The remaining frontage on John Street is slated for a hotel development that is not far advanced.

 A site plan review application is being processed for the residential component and the undertaking is being prepared. The proposed design for the office component has also been reviewed by planning staff. No application for site plan review has yet been submitted for that part of the development.

 The changes from the October settlement are as follows:

 -the footprint for the residential building has been reduced, while that for the proposed office building has been increased

 -the permitted height for the main portion of the residential building has increased from 31.9 m to 33.4 m

 -the development no longer is proposed to extend under the public lane.

The other zoning variances referred to in the Appendix are either minor in nature or will be resolved once the new zoning for the site is approved.

 Conclusions:

 The revisions proposed for the development at 250 Wellington Street West are necessary to improve project marketability and have resulted in an improved design over the previous proposal. The revised building envelope maintains the principles set out in the King-Spadina Part II Plan.

 Contact Name:Rollin Stanley

Telephone: (416)392-0424

Fax: (416) 392-1330

E-Mail: rstanley@city.toronto.on.ca.

    Beate Bowron

Acting Director, City Planning, Toronto Community

  (p:\1998\ug\uds\pln\to981663.pln) - smc

APPLICATION DATA SHEET

 Confirmed Municipal Address:250 Wellington St. West.

 PLANNING CONTROLS (For verification refer to Chief Building Official)

 PROJECT INFORMATION

APPENDIX 1

  Zoning variances required as identified by the Chief Building Official - Proposed residential building located at 250 Wellington Street West:

 1.Permitted height of 30 m is exceeded by 5 m for the main portion of the building and by 9.5 m to the top of the residential amenity space.

 2.Residential amenity space is located in two rooms rather than the required one room.

 3.206 bicycle parking spaces are required while 200 are being provided.

 4.41 visitor bicycle parking spaces are required to be shown and they are not designated on the drawings.

 5.The 3m setback and 7.5m setbacks required for different portions of the building, from the centre line of the lane are not provided.

 6.The exterior facing walls of the building are not 11 m apart.

 7.The proposed uses are not permitted in an I2 district (the zoning prior to the King-Spadina Part II Plan is not yet in force due to the appeal).

 8.Not all of the building facade above a height of 20 m is setback 3m.

 9.The non-residential gross floor area for retail and office uses exceeds the permitted amount by 200 square metres and alternatively, the amount of frontage of the building used for street related retail and service uses is 84 percent while 90 percent is required.