Item - 2019.TE7.16

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 56 Yonge Street, 21 Melinda Street, 18 to 30 Wellington Street West, 187 to 199 Bay Street and 25 King Street West substantially in accordance with the draft Zoning By-law Amendment to be submitted directly to City Council on July 16, 2019.

2. City Council amend Zoning By-law 569-2013, for the lands at 56 Yonge Street, 21 Melinda Street, 18 to 30 Wellington Street West, 187 to 199 Bay Street and 25 King Street West substantially in accordance with the draft Zoning By-law Amendment to be submitted directly to City Council on July 16, 2019.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, the owner shall:

a) Enter into a Heritage Easement Agreement with the City for the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street in accordance with the plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and in accordance with the Conservation Plan required in Recommendation 4.b) below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor;

b) Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 199 Bay Street, 25 King Street West and 56 Yonge Street prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

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 owner is to provide community benefits having a value to be determined and be allocated to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor prior to City Council on July 16, 2019;

b) The payment amounts referred to in Recommendation 5.a) herein to be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City;

c) In the event the cash contributions referred to in Recommendation 5.a) has not been used for the intended purposes within three (3) years of the By-laws 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, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13; and

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

i. Prior to the earlier of site plan approval or 30 days following the Zoning By-laws coming into full force and effect, the owner shall withdraw their appeal to Official Plan Amendment 352, and Zoning By-laws 1106-2016 and 1107-2016;

ii. That the design of the 3-storey pavilion and the 65-storey tower and structural elements as shown on architectural plans by Adamson Associates dated March 13, 2019 be substantially in accordance with the Approved Plans that form site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. That the owner is to provide a privately-owned publicly-accessible space (POPS) network as shown on the architectural plans by Adamson Associates dated March 13, 2019 and Landscape Plans by Claude Cormier + Associes dated March 13, 2019, and be secured as part of site plan approval, including hours of operation and programming, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv. That the owner pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support the development;

v. That the owner implements the mitigation measures identified in the Pedestrian Wind Study dated April 30, 2019 by RWDI, secured as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time;

vii. Comply with the City's Tree By-laws, including a tree planting plan, to the satisfaction of the Supervisor, Tree Protection & Plan Review, Urban Forestry, Parks Forestry and Recreation Division;

 viii. That prior to final site plan approval the owner shall:

A. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 4.b) above to the satisfaction of the Senior Manager, Heritage Preservation Services;

B. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

C. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

D. Provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

E. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

F. The owner submits an acceptable functional plan illustrating the proposed widening of the northerly boulevard along Wellington Street West between Yonge Street to Bay Street and the associated modifications in the pavement marking and road signs, to the satisfaction of the General Manager, Transportation Services;

G. The owner enters into a Municipal Infrastructure Agreement in respect of the northerly boulevard widening along Wellington Street West, as generally shown on the architectural plans by Adamson Associated Dated March 13, 2019, to the satisfaction of the General Manager, Transportation Services;

H. The owner to pay all costs associated with the proposed boulevard extension along the Wellington Street West frontage of the building between Yonge Street to Bay Street including pavement marking and signing plans required as a result of the boulevard extension identified in Recommendations 5.d) viii. F. and G.; and

I. The owner makes satisfactory arrangements for work on the north-south City-owned public laneway and provide financial security, in an amount to be determined, all to the satisfaction to the General Manager, Transportation Services.

ix. That prior to the issuance of any permit for all or any part of the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

A. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

B. Provide building permit drawings, including notes and specifications for the conservation and protective measures identified in the approved Conservation Plan as required in Recommendation 4.b) above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

C. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan Lighting and Interpretation Plan; and

x. That prior to the release of the Letter of Credit required in Recommendation 5.d) ix.C. above, the owner shall:

A. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

B. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

This application proposes to permit a 65-storey Class A office building and a 3-storey glass pavilion at the south end of the Commerce Court complex that will add 169,993 square metres of non-residential gross floor area, resulting in a total gross floor area of 361,560 square metres to the complex. The application also includes the retention of the heritage listed 8-storey Hotel Mossop building at 56 Yonge Street. The heritage designated Commerce Court complex will be altered to accommodate the new buildings, which includes the demolition of the existing 6-storey Commerce Court South building and the 13-storey Commerce Court East building.  The façades of the east building will be reconstructed and incorporated into the new office building.  The Commerce Court West and Commerce Court North buildings are being retained.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

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