Item - 2014.TE34.10

The Toronto and East York Community Council recommends that:

1.         City Council amend the former City of Toronto Zoning By-law 438-86, as amended, for the lands at 156-174 Front Street West and 43-51 Simcoe Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1, to the report (August 1, 2014) from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize 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, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

A.        Provide a cash contribution of $4,000,000, prior to the issuance of an above-grade building permit for any development, for the following local community improvement initiatives:

i.          $1,000,000 for the John Street Cultural Corridor;

ii.         $400,000 for capital improvements to Toronto Community Housing Corporation (TCHC) facilities in Ward 20;

iii.        $1,500,000 for streetscape improvements in the immediate area, which may include a future east/west connection to the PATH system;

iv.        $500,000 for community services and facilities in Ward 20;

v.         $100,000 for the Toronto Book Award Plaque Program, of which $50,000 shall be payable prior to the introduction of Bills; and

vi.        $500,000 for public art, in accordance with the City of Toronto’s Percent for Public Art Program.

B.        In the event the cash contributions referred to in Section A.i. through vi. above has not been used for the intended purpose within three (3) years of this 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 of City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

C.        The payments required in Section A.i. through vi. herein shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement or, if the site specific by-laws for the project are appealed to the Ontario Municipal Board, from the date of the Board Order approving the by-laws, to the date of submission of the funds by the owner to the City.

The following shall be secured as a matter of legal convenience:

D.        Provide the City with documentation as to LEED certification of the development and the marketing materials that will include information on LEED certification.

E.         The design of the building and site plan shall be generally in accordance with the plans associated with the Zoning By-law Amendment application, on file with the City Planning Division, and shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division.