Item - 2019.TE7.8

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 30 Bay Street and 60 Harbour Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 4 to the report (June 18, 2019) from the Director, Community Planning, Toronto and East York District.

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

3. Before introducing the necessary Bills to City Council for enactment, require the owner to:

a. Provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 30 Bay Street prepared by GBCA Architects dated March 29, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. Register an amending Heritage Easement Agreement to update the permitted alterations, Reasons for Identification and Schedule "B" photographs on the existing Heritage Easement Agreement registered on title to the property at 30 Bay Street (formerly known as 60 Harbour Street) as Instrument No. CT918882 on December 15, 1987; and

c. Enter into and register on the property at 30 Bay Street one or more agreements with the City pursuant to Section 37 of the Planning Act, all to the satisfaction of the City Solicitor and the Senior Manager, Heritage Preservation Services, with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations, including amongst other matters, securing the preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a Letter of Credit to secure all work included in the approved Conservation Plan and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Preservation Services.

4. 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. A cash contribution of $850,000.00, prior to the issuance of the above-grade building permit, to be used towards the provision of affordable housing in Ward 10;

b. A cash contribution of $850,000.00, prior to the issuance of the above-grade building permit, to be used towards capital repairs to existing Toronto Community Housing buildings in Ward 10;

c. A cash contribution of $6,800,000.00, prior to the issuance of the above-grade building permit, for:

 i. Community Services and Facilities within Ward 10, which may include the Jack Layton Ferry Terminal; and/or

ii. Local parkland improvements and/or public realm improvements in Ward 10, which may include improvements to the City owned lands north of 30 Bay Street and Lake Shore Boulevard West pedestrian improvements and/or PATH improvements along the Bay Street corridor; and

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

5. The payment amounts referred to in Recommendation 4 above 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;

6. In the event the cash contributions referred to in Recommendation 4 above 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 10.

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

a. The owner shall provide, at its own expense, an approximate area of 208 m2 of privately-owned publicly-accessible space (POPS) and grant access easements to the City for the purpose of access to and use of the POPS for members of the public. This POPS area is to be located fronting Harbour Street. The POPS easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances, other than those acceptable to the City Solicitor. The owner shall own, operate, maintain and repair the POPS;

b. The owner shall be required to pay all costs associated with the proposed boulevard extension (road narrowing) along the Bay Street frontage of the property between Lake Shore Boulevard West and Harbour Street, including all public realm improvements;

c. The owner shall be responsible for the design, construction, provision and maintenance of above grade PATH connections to the subject property and through the proposed development, including the conveyance at nominal costs to the City of easement(s) for use by the general public;

d. The owner shall provide art on construction hoarding, in accordance with the City's START (Street Art Toronto) program; and

e. 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.

f. Prior to the commencement of any excavation and shoring work, the owner will submit a Construction Management and Community Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction. The Construction Management and Community Communication Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details, construction vehicle parking and queuing locations, alternate parking arrangements for existing residents for the duration of any affected parking spaces used by existing residents, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community and existing tenants, and any other matters requested by the Chief Planner and Executive Director, City Planning, or the General Manager, Transportation Services, in consultation with the Ward Councillor.

The Toronto and East York Community Council commenced a statutory public meeting on June 25, 2019 and notice was given in accordance with the Planning Act.

This application proposes to permit the construction of a 60-storey (281 metre high) office development including an 8 storey podium and 4 levels of underground parking at 30 Bay Street and 60 Harbour Street. The existing heritage building on the property, The Toronto Harbour Commission Building, will be preserved in its entirety and will be connected to the development by a glass atrium at the north side of the building.  The tower portion of the proposed office building will cantilever over a small portion of the heritage building at a height of 52 metres.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the A Place to Growth Plan (2019).

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposal is consistent with the relevant policies of the Official Plan.  The proposal represents a new Leed Gold office building within the extension of the Financial District to Southcore that is accessible to public transit, improves the public realm and provides for an extension to the PATH system.