Item - 2020.TE18.6

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 33 Sherbourne Street, 176 and 178 Front Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (August 24, 2020), from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013, for the lands at 33 Sherbourne Street, 176 and 178 Front Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (August 24, 2020), 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 complete the following in relation to heritage matters:

a. Enter into a Heritage Easement Agreement with the City for the property at 33 Sherbourne Street and 178 Front Street East (including 176 Front Street East) in accordance with the plans and drawings September 3, 2019 and revised June 2, 2020 prepared by Giannone Petricone Associates Inc. Architects on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020 and in accordance with the Conservation Plan required in Recommendation 4.c. below to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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 33 Sherbourne Street and 178 Front Street East (including 176 Front Street East) prepared by GBCA Architects dated March 4, 2019 and revised February 21, 2020 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

c. Enter into and register on the property at 33 Sherbourne Street and 178 Front Street East (including 176 Front Street East) one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Planning, Urban Design, City Planning 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.

5. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. The owner shall provide community benefits having a value of $3,500,000 to be allocated to the following:

i. A cash contribution of $1,750,000 towards capital improvements in Toronto Community Housing buildings and/or existing affordable housing units within proximity of the subject site in the Ward, in consultation with the Ward Councillor; and

ii. A cash contribution of $1,750,000 towards local streetscape, parkland and/or community facilities within proximity of the subject site in the Ward, in consultation with the Ward Councillor;

b. The payment amount identified in Recommendation 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the Section 37 agreement to the date of payment;

c. In the event the cash contributions referred to 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. 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 16, 27, 2009 through the adoption of item PG 32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5,6, 7, 2017 thorugh the adoption of item PG 23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time;

ii. 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, Urban Design, City 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 Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

D. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning;

E. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

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

G. Enter into necessary agreements and pay all costs associated with the  Front Street East boulevard widening between Sherbourne Street and Princess Street;

iii. That prior to the issuance of any permit for all or any part of the property 33 Sherbourne Street and 178 Front Street East (including 176 Front Street East), 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, Urban Design, City 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 keyed to the approved Conservation Plan 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, Urban Design, City 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, Urban Design, City Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Heritage Interpretation Plan; and

iv. That prior to the release of the Letter of Credit required in Recommendation 5. d. iii. 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, Urban Design, City Planning;

B. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and

C. Have received City Council authority to enter into a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 33 Sherbourne Street and 178 Front Street East (including 176 Front Street East) in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. City Council request the General Manager, Transportation Services initiate a study to improve existing pedestrian boulevards on Front Street East between George Street to Parliament Street to be completed and to report back with recommendations to City Council by the third quarter of 2021, with the implementation of the improvements as identified through the study to be paid and constructed by development applications.

The Toronto and East York Community Council held a statutory public meeting on September 16, 2020 and notice was given in accordance with the Planning Act.

This application proposes to permit a 38-storey mixed-use building with an overall height of 129.4 metres and 29,925 square metres of gross floor area consisting of 439 residential units and 1,383 square metres of retail uses. The existing 2-storey buildings at 33 Sherbourne Street and178 Front Street East are proposed to be designated under the Ontario Heritage Act and incorporated as part of the proposal.

The proposed development is consistent with the Provincial Policy Statement (2020) 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.

The purpose of the report is to revise the recommendations of the Section 37 community benefits package in conjunction with the recommendations to approve the 38-storey mixed use building in the Final Report dated August 24, 2020.