Item - 2021.TE26.8

That City Council adopt the following recommendations in the supplementary report (July 13, 2021) from the Chief Planner and Executive Director, City Planning [TE26.8a]:

The Chief Planner and Executive Director, City Planning, recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 1075 Bay Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report dated July 13, 2021 from the Chief Planner and Executive Director, City Planning.

2. City Council amend Zoning By-law 569-2013, for the lands at 1075 Bay Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the report dated July 13, 2021 from the Chief Planner and Executive Director, City Planning.

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

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

a. submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, water-tight certification letters, and architectural plans to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; and

b. make satisfactory arrangements and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, water-tight certification letters, and architectural plans accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

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 community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to the issuance of the first above-grade building permit, the owner shall pay to the City a cash contribution of $9,500,000 to be allocated as follows:

A. $3,000,000 towards new and/or existing affordable housing within Ward 13, in consultation with the Ward Councillor;

B. $3,000,000 towards local area park or streetscape improvements located within Ward 13 and within the vicinity of the subject lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, the General Manager, Parks, Forestry and Recreation, and the General Manager, Transportation Services;

C. $3,000,000 towards community, cultural, or recreational facilities capital improvements within Ward 13, in consultation with the Ward Councillor; and

D. $500,000 towards public art located near the corner of Bay Street and St. Mary Street on the subject lands, in accordance with the City of Toronto’s Percent for Public Art Program;

ii. The cash contribution referred to in Recommendation 5(a)(i) 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, and calculated from the date of the Agreement to the date of payment;

iii. In the event the cash contribution referred to in Recommendation 5(a)(i) has not been used for the intended purpose within three years of the Zoning By-law Amendments coming into full force and effect, the cash contribution may be directed for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and

iv. At the election of the Chief Planner and Executive Director, City Planning, all or part of the cash contribution referred to in Recommendation 5(a)(i)B. may instead be secured by the owner as a letter of credit satisfactory to the City Treasurer for the provision of streetscape improvements within the vicinity of the subject lands, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the Ward Councillor;

b) 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:

A. Construct and maintain a privately-owned publicly accessible space (POPS) with a minimum area of 265 square metres, and a mid-block connection with a minimum width of 2.5 metres and a minimum vertical clearance of 5.0 metres, in the location generally identified in the Zoning By-law Amendment with specific configuration and design of the POPS and the mid-block connection to be determined in the context of Site Plan approval, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

B. Prepare all documents and convey a public access easement in perpetuity in favour of the City over the POPS and the mid-block connection, including support rights, free and clear of encumbrances, and for nominal consideration, as a condition of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

ii. The owner will construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 of the Toronto Green Standard, where appropriate; and

iii. The owner shall incorporate measures in the detailed design of the building which mitigate the risk of snow and ice falling from the building as part of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

6. City Council authorize appropriate City Officials to take such actions as are required to implement City Council decision, including the execution and implementation of the Section 37 Agreement.

That:

1. The item be forwarded to City Council without recommendation; and

2. Request the Director, Community Planning, Toronto and East York District to provide a supplementary report that addresses the concerns related to ice formation and mitigation measures needed to ensure the safety of pedestrians during winter months.