Item - 2017.TE27.4

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, for the lands at 1 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District.

2.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District.

3.  City Council require the Zoning By-laws described in Recommendations 1 and 2 above be subject to a holding symbol "H" which will be lifted by City Council upon the Owner entering into an appropriate financially secured agreement to pay for and construct any improvements to the municipal infrastructure deemed necessary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

5.  Before introducing the necessary Bills to City Council for enactment, 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, payable by certified cheque to the Treasurer, City of Toronto prior to the issuance of the first above-grade building permit, unless otherwise specified, and to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

i.  a cash contribution of $3,222,108.00 to be provided to the City for the following capital improvements;

 
a.  $885,760.00 to the City for upgrades to the Privately Owned Publicly-Accessible Space (POPS), as detailed in accordance with the Landscape Plan and cost estimates prepared by Terraplan Landscape Architects.

b.  $418,348.00 to the City for upgrades to Cowbell Lane from Eglinton Avenue to Soudan Avenue.

c.  $918,000 for the Toronto Transit Commission (TTC) connection to the existing pedestrian tunnel under Yonge Street as detailed in the Architectural Plans prepared by Hariri Pontarini Architects (HPA).  The total estimate for the work noted above is $1,918,000 as detailed in the report prepared by Altus Group Limited dated January 22, 2016.  Any additional cost of providing this connection will be absorbed by the Owner.  This does not however include providing barrier free access beyond the property line of the subject lands.

d.  $1,000,000 to the City for upgrades to the Davisville Community Centre recreational facilities payable when the zoning by-laws described in Recommendations 1 and 2 above come into force and effect.

ii.  The required cash contribution pursuant to Recommendation 5.a.i.A. to D. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the day the payment is made;

iii.  In the event the cash contributions in Recommendation 5.a.i.A. to D. 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 contributions may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands;

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

i.  the Owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately owned publicly accessible (POPS) courtyard area of not less than 280 square metres, located generally along the Yonge Street frontage of the site, and shall convey, prior to the registration of the Condominium, an easement along the surface of the lands which shall constitute the POPS, for nominal consideration, to the City.  The specific location, configuration and design of the POPS shall be determined in the context of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City.  The Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year;

ii.  The Owner shall construct, to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway on the east portion of the subject property adjacent to Cowbell Lane which shall have a minimum width of 1.5 metres and a minimum height of 4.5 metres and shall provide a direct at-grade connection from Eglinton Avenue East south along the east property line of the subject site.  Prior to the registration of the Condominium, the Owner shall convey to the City, for nominal consideration, an easement along the surface of the lands which shall constitute the pedestrian walkway, to the satisfaction of the City Solicitor.  The specific location, configuration and design of the pedestrian walkway shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

iii.  The Owner shall construct, to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway on the west portion of the subject property adjacent to Yonge Street which shall be of a width required to achieve a minimum 3.7 metres pedestrian clearway and a minimum height of 4.5 metres on the subject site.  Prior to the registration of the Condominium, the Owner shall convey to the City, for nominal consideration, an easement along the surface of the lands which shall constitute the pedestrian walkway, to the satisfaction of the City Solicitor.  The specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City;

iv.  The Owner shall construct, to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway on the north portion of the subject property adjacent to Eglinton Avenue East which shall be of a width required to achieve a minimum 3.0 metres pedestrian clearway and a minimum height of 4.5 metres on the subject site.  Prior to the registration of the Condominium, the Owner shall convey to the City, for nominal consideration, an easement along the surface of the lands which shall constitute the pedestrian walkway, to the satisfaction of the City Solicitor.  The specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

v.  The Owner shall, at its sole expense, design and construct an entrance connection, which shall be fully integrated into any proposed development on the subject site, linking the development to the Eglinton Subway Station.  The entrance to the connection shall be designed to meet TTC standards and to be open and in operation all hours that the subway is in operation.  The developer shall also enter into any required agreements, with the TTC and/or the City of Toronto, pay any fees, and prepare any documents necessary for this entrance at the Owner's sole cost.

The Toronto and East York Community Council held a statutory public meeting on October 17, 2017, and notice was given in accordance with the Planning Act.

This application proposes a 65-storey mixed use building with retail uses on the ground floor, commercial office uses in the rest of the base building and 600 residential units in the tower above.  A total of 247 parking spaces are proposed in an underground garage.

Staff have reviewed the proposed zoning by-law amendment and have determined the proposal to be appropriate for the site.  The proposal increases the amount of office space on the site, improves the public realm and, at the corner of Yonge Street and Eglinton Avenue East, is an appropriate location for the proposed height and density.

This report reviews and recommends approval of the application to amend the Zoning By-law.