Item - 2018.TE31.5

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 220 and 234 Simcoe Street, and 121 St. Patrick Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (March 22, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council amend Comprehensive Zoning By-law 569-2013, for the lands at 220 and 234 Simcoe Street, and 121 St. Patrick Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (March 22, 2018) from the Acting Director, Community Planning, Toronto and East York District.

3. City Council authorize 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:

a. require the owner to address the outstanding items in relation to servicing, and pick-up and drop-off parking spaces as outlined in the memorandum from Engineering and Construction Services dated December 18, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. that Consent Application B0026/18 that proposes the severance of lands from 220 Simcoe Street to be added to the development site be approved by the Committee of Adjustment and such decision is final and binding;

c. the proposed sale of the Toronto Parking Authority lands at 121 St. Patrick Street, as recommended in the report (February 16, 2018) from the Acting Director, Toronto Parking Authority, be approved by City Council;

d. the owner of 234 Simcoe Street withdraw their appeal to Official Plan Amendment 231; and

e. require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

i. The community benefits to be secured in the Section 37 Agreement as negotiated by the Ward Councillor are as follows:

A. A contribution of $900,000 to be provided to the City prior to the issuance of the first above-grade building permit, for the following capital improvements:

1. $300,000 for the provision of new affordable housing in Ward 20 and/or for capital repairs for the Toronto Community Housing revolving capital fund for repairs to Toronto Community Housing properties in Ward 20, payable by certified cheque to the Treasurer, City of Toronto;

2.  $500,000 for public art on the lands, in consultation with OCAD University, the Grange Community Association, and the ward Councillor, to be secured by a letter of credit in the City's standard form. The owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning, and details of the public art process to the satisfaction of City Council; and

3. $100,000 for improvements to the non-profit office space and community convening space in the development as outlined in recommendation 4.e.i.D. below, to be secured by a letter of credit in the City's standard form or payable by certified cheque to the Treasurer, City of Toronto, to the satisfaction of the Director, Real Estate in consultation with the Acting Director, Community Planning, Toronto and East York District and the City Solicitor.

B. The required cash contributions pursuant to recommendation 4.e.i.A.1. to 3. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the day the payment is made;

C. In the event the cash contributions in recommendation 4.e.i.A.1. to 3. above have not been used for the intended purpose within five (5) years of the by-laws coming into full force and effect, the cash contributions may be redirected for another purpose(s), at the discretion of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands;

D. The owner shall convey at no cost to the City, office and community space (the "Space") having a gross interior floor area of not less than 557 square metres within Building 2 of the development, as shown generally on the Site Plan drawing A202, prepared by Hariri Pontarini Architects, dated September 1, 2017, revision 3 dated September 20, 2017 subject to the following:

1. specific Terms and Conditions regarding the Space will be outlined in a Term Sheet forming part of the Section 37 Agreement in addition to a separate Agreement of Purchase and Sale duly executed by the City and the applicant, to the satisfaction of the Director, Real Estate in consultation with the Acting Director, Community Planning, Toronto and East York District and the City Solicitor; 

2. the Space is proposed to be leased to a non-profit organization; the Toronto Foundation, with approximately 464 square metres proposed for use by the Toronto Foundation for its offices and the remaining approximately 93 square metres to be shared by the Toronto Foundation and the City's preapproved community groups for convening uses, including the Grange Community Association and local community groups, and that the Toronto Foundation determine a process for allocating the use of the convening space, in consultation with the Grange Community Association and local Ward Councillor, to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. should the Space not be occupied by the Toronto Foundation, the City will choose an alternate non-profit organization to occupy the Space to the satisfaction of the Director, Real Estate in consultation with the Acting Director, Community Planning, Toronto and East York District and the City Solicitor, including the on-going provision of the shared community space; and 

4. if an appropriate non-profit organization cannot be secured for the Space, the City will have the right to sell the Space with the funds redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands.

E. The owner shall:

1. construct and maintain an area of not less than 500 square metres at grade for use by the general public as a privately-owned publicly accessible open space (POPS), extending through the site between St. Patrick Street and Simcoe Street in a location generally identified in the Zoning By-law Amendments, with the specific configuration and design of the POPS to be determined in the context of Site Plan Approval for the development to the satisfaction of the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and

2. prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act,  and registration of the first condominium on the site, except as otherwise agreed by the Acting Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), prepare all documents and convey to the satisfaction of the Acting Chief Planner and Executive Director, City Planning, and the City Solicitor, free and clear of encumbrances and for nominal consideration, a public access easement in perpetuity in favour of the City over the privately-owned publicly accessible open space set out in recommendation 4.e.i.E.1. above with terms set out in the Section 37 Agreement satisfactory to the Acting Chief Planner and Executive Director, City Planning.

ii. The following matters are also recommended to be secured in a Section 37 Agreement as a legal convenience to support development, at the owner's expense:

A. Prior to the issuance of the first building permit, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to, details regarding size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information and any other matters deemed necessary; and

B. The owner shall construct and convey to the City, an on-site parkland dedication having a minimum size of 1,000 square metres, situated at the southwest corner of the site, as shown generally on the Site Plan drawing A202, prepared by Hariri Pontarini Architects, dated September 1, 2017, revision 3 dated September 20, 2017, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in accordance with the terms and conditions of parkland conveyance and construction as set out in the draft Zoning By-law Amendments in Attachments 9 and 10 to the report (March 22, 2018), from the Acting Director, Community Planning, Toronto and East York District.

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. City Council  request the Chief Planner and Executive Director, City Planning to ensure the Grange Community Association, along with other interested community parties and in consultation with the ward Councillor, be invited to participate in the site plan review process.

7. City Council request the Director, Transportation Services, Toronto and East York District to conduct a Transportation Study in the area to identify potential strategies to mitigate impacts to traffic, safety, and mobility of all transportation modes in the area bounded by University Avenue, Dundas Street West, McCaul Street, and Queen Street West, and direct Transportation Services to install a traffic light to create a signalized intersection at Dundas Street West and St. Patrick Street.

The Toronto and East York Community Council held a statutory public meeting on April 4, 2018, and notice was given in accordance with the Planning Act.

This application proposes a mixed-use development including residential, office and retail uses in three buildings: 39-storeys, 35-storeys and 17-storeys as well as, a public park and open space uses at 234 Simcoe Street, (a part of 220 Simcoe Street), and 121 St. Patrick Street.  A total of 902 dwelling units are proposed as well as approximately 7,146 square metres of office and retail floor area. The total gross floor area of the proposed development is 73,063 square metres, representing a density of 10.83 times the area of the site. 

The applicant has made a number of revisions to the proposal since the initial submission. Building heights have been revised with one building reduced in height from 54 to 39 storeys and a second building increased in height from 24 to 35 storeys.  Overall the proposed gross floor area, density, and number of dwelling units have been reduced.  A public park of 1,000 square metres is now proposed as well as a 500 square metre privately-owned publicly accessible open space (POPS).  A Toronto Parking Authority parking lot is also proposed within the underground garage with a minimum of 75 parking spaces, and a maximum 125 parking spaces. 

The proposal provides for a mix of residential, retail, office, parks and open space uses on the site consistent with the objectives for Mixed Use Areas in the Official Plan.  The proposed development reinforces the existing and planned built form context within this area of the downtown.  The proposed on-site public park and privately-owned publicly accessible open space will make a significant contribution to the public realm. Additionally, the proposal will provide Section 37 contributions towards space for a non-profit organization, the Toronto Foundation, community convening space, public art and affordable housing.  This report reviews and recommends approval of the application to amend the Zoning By-laws.