Item - 2014.TE34.11

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan, for the lands at 171 Front Street West and 7 Station Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No.1 to the report (August 1, 2014) from the Director, Community Planning, Toronto and East York District.

2.         City Council amend the former City of Toronto Zoning By-law 438-86, for the lands at 171 Front Street West and 7 Station Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the report (August 1, 2014) from the Director, Community Planning, Toronto and East York District.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.         A cash contribution of $1.75 million, to be paid prior to the issuance of an above-grade building permit for any development, for the following local community improvement initiatives:

i.          $50,000.00 for capital improvements to 168 John Street, $100,000 for the capital improvements of the block containing 6-28 Henry Street, 40-42 Baldwin Street, 181-203 Beverly Street and 5-15 Cecil Street, and $150,000 for other capital improvements of Toronto Community Housing Corporation (TCHC) facilities in Ward 20;

ii.         $1,000,000 for streetscape improvement to the John Street Cultural Corridor;

iii.        $350,000 for weather protection and improvements to the four at-grade TCC stairways at St. Andrew subway station; and

iv.        $100,000 for the Toronto Book Award Plaque Program, which shall be payable prior to the introduction of Bills.

b.         Provide a publically-accessible privately-owned open space/pedestrian plaza, at the north end of the site, landscaped to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

c.         Make the publically-accessible privately-owned open space/pedestrian plaza, at the north end of the site, available to the City of Toronto and its agencies, boards and commissions, or a non-profit organization approved by the General Manager, Economic Development and Culture, City of Toronto for use at no cost, for a minimum of at least six (6) events per year.

d.         Provide a public art contribution in accordance with the City of Toronto’s Percent for Public Art Program.

e.         In the event the cash contributions referred to in Section 1.a. through d. above has not been used for the intended purpose within three (3) years of this 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 of City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

f.          The payments required in Clause 1.a. through d. herein, shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement or, if the site specific by-laws for the project are appealed to the Ontario Municipal Board, from the date of the Board order approving the by-laws, to the date of submission of the funds by the owner to the City.

The following matters will be secured in the Section 37 Agreement as a matter of legal convenience:

g.         Provide documentation as to LEED certification of the development and the marketing materials that will include information on LEED certification.

h.         Provide a pedestrian walkway through the new building proposed within the site.

i.          Space within the development site shall be provided for the construction of any transformer vaults, hydro vaults, Bell maintenance structures, sewer maintenance holes, exhaust and intake vents and stairwell and associated enclosure.

j.          Incorporate in the construction of the building, of exterior materials to be shown for the podium along Simcoe Street, Front Street West and Station Street, pedestrian weather protection and landscaping materials.

k.         Provide and maintaining an irrigation system for any proposed trees within the public road allowance.

l.          Provide, prior to site plan approval, an architectural plan and/or renderings of the roof of the podium, to include a green roof, or a combination of an appropriately landscaped roof and other architectural design treatment and exterior materials.

m.        Implement any necessary mitigation measures, to address the recommendations of a Pedestrian Level Wind Study.

n.         Revisions to the development, if necessary, and a Letter of Credit, to implement the recommendations of a Street Lighting Assessment.

o.         Continuous weather protection for pedestrians with a minimum depth of 3 metres along the frontage of Simcoe Street from the former north limit of Station Street to the southern property boundary.

p.         Enter into an agreement satisfactory to the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning Division, and the Executive Director of Engineering and Construction Services, to secure the proposed canopy along a portion of the Simcoe Street frontage of the site, affixed to the existing building at 151 Front Street West.

q.         Submit, for review and acceptance prior to site plan approval, a Pedestrian Flow and Safety Review to the Program Manager, Transportation Planning, City Planning Division.

r.          Submit, for review and acceptance prior to site plan approval, a Transportation Demand Management Plan to the General Manager of Transpiration Services, including measures to reduce automobile use.

s.          Having a qualified Transportation Engineer/Planner certify, in writing, to the General Manager of Transportation Services, prior to site plan approval, that the development has been designed and constructed in accordance with the Transportation Demand Management Plan approved by the General Manager, Transportation Services.

t.          Provide, maintain and operate the Transportation Demand Management measures, facilities and strategies stipulated in the Transportation Demand Management Plan approved by the General Manager, Transportation Services.

u.         Submit a traffic monitoring report within six months of occupancy of the office building to identify vehicular trip distribution patterns associated with the project and identify mitigating measures to address any poor levels of services experienced at Front Street West/Simcoe Street, former Station Street/York Street, former Station Street/Simcoe Street intersections, for the review and approval of the General Manager of Transportation Services.

v.         Provide a letter of Credit in the amount of $50,000 to cover the costs associated with the following measures, as deemed appropriate by the General Manager of Transportation Services:

i.          implementing mitigating measures such as changes to traffic regulations and installation of regulatory signage; and

ii.         implementing the approved signal timing modification and signal phasing adjustments identified at the Front Street West/Simcoe Street, former Station Street/York Street, former Station Street/lower Simcoe Street, York Street/University Avenue/Front Street West and York Street/Bremner Boulevard intersections, which are attributable, in part, to this development, if any.

w.        Submit, prior to site plan approval a detailed landscape plan for the subject property, to the satisfaction of the Manager, Heritage Preservation Services.

x.         Provide, prior to site plan approval, plans for interpretive panels or other interpretive materials to communicate the development history of the property: the research, design, and location of the interpretive materials will be to the satisfaction of the Manager of Heritage Preservation Services.

y.         Provide, prior to site plan approval, landscape plans for the publically accessible private open space/pedestrian plaza, which includes design consideration of the history of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

z.         Provide, prior to site plan approval, a Letter of Credit in a form and in an amount satisfactory to the Manager, Heritage Preservation Services to secure all work for the research, production and installation of interpretive materials.

aa.        Obtain final approval for the interpretive materials erected on the property from the Manager, Heritage Preservation Services prior to the release of the Letter of Credit.

bb.       Provide, prior to site plan approval, a revised Vibration Assessment, and if necessary, incorporating vibration migrating measures and revised drawings, prior to approval of the site plan application and have a qualified consultant certify, in writing, that the development has been designed and constructed in accordance with the approved vibration mitigating measures.

cc.        Provide, prior to the site plan approval, a revised Noise Impact Study, and if necessary, incorporate noise mitigating measures and revised drawings, prior to approval of the site plan application and have a qualified consultant certify, in writing, that the development has been designed and constructed in accordance with the approved noise mitigation measures.

dd.       Notwithstanding the foregoing, the owner and the City may modify or amend the said agreement(s), from time to time and upon the consent of the City and the owner, without further amendment to those provisions of this schedule which identify the facilities, services and matters to be secured.

4.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a secured Agreement with the City to ensure the provision of all necessary improvements to the existing municipal infrastructure in connection with the Functional Servicing Report, to the satisfaction of the Executive Director of Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

6.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into any other Agreements as necessary.

This application proposes to develop the lands at 171 Front Street West and 7 Station Street (entrance addresses 151 Front Street West and 20 York Street) with a 48-storey office building. The proposed office tower would have a gross floor area of 133,033 square metres, an overall building height of 239 metres, and a proposed density of 13.27 times the lot area.  The applicant proposes to provide 319 parking spaces in 6 levels of below grade parking.

The proposed office tower development, within the Financial District, and in close proximity to major regional transit hubs, such as Union Station, the Union Pearson Express, and the subway, meets the City's planning objectives for the area. In addition, it represents a significant investment in the downtown, contributing to both the City's employment and tax base.

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law.