Item - 2020.TE20.5

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 60-64 Queen Street East and 131-135 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (October 19, 2020) 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 60-64 Queen Street East and 131-135 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (October 19, 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 necessary Bills to City Council for enactment, City Council direct that the owner of the lands at 60-64 Queen Street East and 131-135 Church Street shall provide, pursuant to Section 37 of the Planning Act, at no expense to the City, and secure such in the implementing Zoning By-law Amendments and enter into and register on title to the above noted lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor the following:

Prior to the issuance of the first above grade building permit for the lands the owner shall pay to the City a cash contribution of $ 2,250,000 dollars to be allocated as follows:

a. new and existing affordable housing, public realm, street and park improvements in the Ward;

b. the cash contribution referred to in Recommendation 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building 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 Agreement to the date of payment;

c. in the event the cash contribution referred to in Recommendation 4.a. above has not been used for the determined purpose within three years of the amending Zoning By-law 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 the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

d. the Owner shall design, construct, finish, and convey to the City, in an acceptable base condition, at no cost to the City, a minimum 4,712

square feet (437.74 square metres) Community Agency Space located on the mezzanine level and inclusive of the ground floor entrance and elevator and subject to the following:

i. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

ii. prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

iii. prior to conveyance of the community agency space to the City, the owner shall provide a one-time cash contribution in the amount of $353,000.00 towards the  operating costs of the community agency space;

iv. prior to conveyance of the community agency space to the City, the owner shall provide a one-time cash contribution in the amount of $707,000.00 towards the initial finishing costs, less the cost of constructing the kitchen, washrooms and janitorial closet, to be paid prior to conveyance to the City with the remaining funds to be used for future capital improvements to the community agency space;

v. the one time cash contribution referred to in Recommendation 4.d.iii. and 4.d.iv. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building 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 Agreement to the date of payment;

vi. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space.

5. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to as matters required to support development:

a. prior to the issuance of the first building permit on the site, the owner shall provide confirmation from St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path to the satisfaction Chief Building Official and Executive Director, Toronto Building;

b. the owner will pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development.

c. Prior to any site plan approval for the site, the owner shall obtain from Metrolinx, or its successor, written confirmation to the Chief Planner and Executive Director, City Planning and City Solicitor that the owner has satisfied any required technical or related review for any proposed below grade structural elements, including the manner of excavation and shoring for the development of the site as these matters relate to the Ontario Line tunnel.

d. Prior to site plan approval for the site, should Metrolinx, or its successor, provide a recommendation related to any tiebacks, or similar mechanism, that may impact the City’s right-of-way, the owner shall first obtain any required approvals from the City prior to agreeing to implement any recommendations from Metrolinx that may impact the City’s right-of-way.  

e. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site; and

f. requirements for a construction management plan with the general matters included in the Section 37 Agreement, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor.

The Toronto and East York Community Council held a statutory public meeting on November 10, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a 57 storey mixed use development including commercial uses, an on-site community facility and 445 dwelling units with a total gross floor area of 29,788 square metres at 60-64 Queen Street East and 131-135 Church Street.  The proposed building would have a height of 185.9 metres including the mechanical penthouse.  The proposal includes three levels of underground parking. The proposal would entail the demolition of the one-storey structure at 64 Queen Street East, and the partial retention of 60 Queen Street East and 131, 133 and 135 Church Street.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan.

This report reviews and recommends approval of the application to amend the Zoning By-law.  The proposed development is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area, in the form of a mixed use development that conforms with the relevant Tall Building guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate setbacks and heritage conservation matters. The provision of an on-site community service and facilities space through a Section 37 contribution and a range of dwelling unit types will help address housing and community issues. Staff recommend that Council support approval of the application.