Item - 2019.TE8.11

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 attached as Attachment 8 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District.

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 attached as Attachment 9 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District. 

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 Planning, 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 Planning 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 Planning;

c. The owner shall deliver to the City Solicitor an irrevocable written Notice of Withdrawal, addressed to the Local Planning Appeal Tribunal (the "LPAT"), of its appeal of Official Plan Amendment 352, City of Toronto By-law 1106-2016, and City of Toronto By-law 1107-2016 (Local Planning Appeal Tribunal Case PL161316, Appeal 59) which shall be held in escrow by the City Solicitor and shall only be released by the City Solicitor to the Local Planning Appeal Tribunal, with a copy to the owner, upon the earlier of:

i. the City Solicitor receiving written confirmation from the City Clerk's Office that no appeals of by-laws passed by City Council permitting the site-specific zoning by-law amendments for the subject site were filed with the City Clerk's Office prior to the expiry of the statutory period for filing an appeal under the Planning Act and the site-specific zoning by-law amendments are final and binding;

ii. the withdrawal of all appeals filed in respect of by-laws passed by City Council permitting the site-specific zoning by-law amendments for the subject site; or

iii. the final disposition of all appeals filed in respect of by-laws passed by City Council permitting the site-specific zoning by-law amendments for the subject site; 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. Contributions to be allocated towards the following:

i. A contribution of $3,271,000, either as a cash contribution, or secured by way of a letter of credit, or combination thereof, shall be directed towards public streetscape improvements adjacent to the subject site as shown on the Landscape Plans by Claude Cormier + Associes dated March 13, 2019, to the satisfaction of the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade permit;

ii. A cash contribution of $1,829,000 to be allocated to public streetscape improvements within the Financial District, of which the boundaries are established on Map 41-2 of the Downtown Plan, payable prior to the issuance of the first above grade permit;

iii. A cash contribution of $12,400,000 to be allocated to the discretion of the Ward Councillor towards:

A. The provision of new affordable housing within Ward 13, to be directed to the Capital Revolving Fund for Affordable Housing, payable prior to the issuance of the first above grade permit; and

B. The provision of local streetscape improvements within Ward 13, payable prior to the issuance of the first above grade building permit; and

iv. A contribution of a minimum value of $1,000,000 for on-site public art, through  the preparation of a public art plan, in accordance with City Planning's Percent for Public Art process, and with approval from City Council. Alternatively, if it is determined that the public art will not be on-site, the owner will contribute the $1,000,000 to the City's capital budget for Public Art off-site to be commissioned by the City. The owner agrees to advise the City, in writing of its chosen option prior to the issuance of the first building permit.

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. 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 secured as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. 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 + Associés dated March 13, 2019, and be secured as part of site plan approval and an easement agreement, including hours of operation and programming, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. 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;

iv. 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;

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

vi. 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 Planning;

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 Planning;

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 Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

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

F. Provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

G. 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;

H. 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 Associates dated March 13, 2019, to the satisfaction of the General Manager, Transportation Services;

I. 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.vi.G. and H. above; and

vii. 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 Planning, 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 Planning; 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 Planning to secure all work included in the approved Conservation Plan Lighting and Interpretation Plan; and

viii. That prior to the release of the Letter of Credit required in Recommendation 5.d.vii.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 Planning; and

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

At its July 16, 17 and 18, 2019 meeting, City Council referred Item TE7.16 back to Toronto and East York Community Council, for further consideration.

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.

This proposal was considered by the Toronto and East York Community Council on June 25, 2019, item TE7.16, that recommended City Council adopt the proposed Zoning By-law amendments to permit the proposal. On July 16, 2019, City Council referred the item back to the Toronto and East York Community Council for further consideration, as the section 37 benefits package for the proposed increased density on the site has not been finalized. A section 37 benefits package has now been finalized.

The purpose of the report is revise the recommendations of the Section 37 community benefits package in conjunction with the recommendations to approve the 65-storey office building and 3-storey glass pavilion in the Final Report dated August 28, 2019.