Item - 2018.TE34.14

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 495-517 Wellington Street West and 510-532 Front Street West substantially in accordance with the draft Zoning By-law Amendment from the Acting Director, Community Planning, Toronto and East York District to be available prior to the July 4, 2018 meeting of the Toronto and East York Community Council.

2. City Council amend Zoning By-law 569-2013, for the lands at 495-517 Wellington Street West and 510-532 Front Street West substantially in accordance with the draft Zoning By-law Amendment from the Acting Director, Community Planning, Toronto and East York District to be available prior to the July 4, 2018 meeting of the Toronto and East York Community Council.

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

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

a. Enter into Heritage Easement Agreements with the City for the properties at 495-517 Wellington Street West, to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor, and in accordance with the recommendations of the Staff report to the June 20, 2018, meeting of the Toronto Preservation Board, from the Senior Manager, Heritage Preservation Services. Such agreement shall be registered on title to the subject properties prior to the earlier of the coming into force of the Zoning By-law Amendments giving rise to the proposed alterations, or the issuance of any permit for all or any part of the properties, including a heritage permit or a building permit, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services.

b. Provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the properties at 495-517 Wellington Street West, all to the satisfaction of the Senior Manager, Heritage Preservation Services, in accordance with the recommendations of the Staff report to the June 20, 2018, meeting of the Toronto Preservation Board, from the Senior Manager, Heritage Preservation Services.

c. Provide a revised Functional Servicing and Stormwater Management Report and associated plans showing water, sanitary and storm servicing connections and control man holes all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

d. Make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure at the sole cost of the applicant, should it be determined that upgrades are required to the infrastructure to support this development, in accordance with the Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

e. Provide revised drawings showing the following, all to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services:

i. a pedestrian clearway width of a minimum of 3 metres adjacent to the parking garage exhaust grate;

ii. the number and sizes of the substandard parking spaces in the site statistics, as set out in the memorandum from Development Engineering dated May 15, 2018; and

iii. detailed right-of-way/boulevard cross-sections illustrating the property line, proposed pedestrian clearway width within the boulevard and on private property, continuous tree trenches consistent with the City Standards and the distances of the streetscape elements including pedestrian clearway from the property line ensuring that all streetscape elements including continuous tree trenches will be located within the boulevard width and do not encroach on to private property.

5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner of 495-517 Wellington Street West, 31 Portland Street and 510 Front Street to withdraw their appeal to the King-Spadina Heritage Conservation District Plan.

6. 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. The community benefits recommended to be secured in the Section 37 Agreement are as follow:

 
i. Provide a cash contribution, of $400,000 for the Bathurst Quay Neighbourhood Plan, payable prior to introducing the necessary Bills to City Council for enactment.

 
ii. Provide a cash contribution, of $400,000 for the Waterfront School playground improvements at 635 Queens Quay West, Toronto, ON, M5V 3G3, payable prior to introducing the necessary Bills to City Council for enactment.

 
iii. Provide a cash contribution, of $380,000 for the provision of new affordable housing as part of the Alexandra Park and Atkinson Housing Co-Operative Revitalisation, to be directed to the Capital Revolving Fund for Affordable Housing, payable prior to the issuance of the first above-grade building permit.  
 

iv. Provide a cash contribution, of $720,000 toward streetscape and public realm improvements to Wellington Street West, Portland Street, Draper Street and/or Front Street West to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, payable prior to the issuance of the first above-grade building permit.
 

v. The required cash contributions pursuant to recommendation 6.a.i) to iv) inclusive, are to be indexed upwardly in accordance with the Statistics Canada non-residential Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of execution of the Section 37 Agreement to the day the payment is made; and
 

vi. In the event the cash contributions in recommendation 6.a.i) to iv) inclusive 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 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.

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

i. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, an area of not less than 280 square metres at grade for use by the general public as a privately-owned publicly-accessible open space (POPS), located on the western side of the site fronting Portland Street and providing an entrance to the mews in a location generally identified in the Zoning By-law Amendments, and shall convey, prior to the issuance of Site Plan Approval, an easement along the surface of the lands which shall constitute the POPS, for nominal consideration, to the City. The specific location, configuration and design of POPS shall be determined in the context of Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City to the satisfaction of the Acting Director, Community Planning, Toronto and East York District. The owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS.

 
ii. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, an area of not less than 125 square metres at grade for use by the general public as a privately-owned publicly-accessible open space (POPS), located at the southwest corner of the site in a location generally identified in the Zoning By-law Amendments, and shall convey, prior to the issuance of Site Plan Approval, an easement along the surface of the lands which shall constitute the POPS, for nominal consideration, to the City. The specific location, configuration and design of POPS shall be determined in the context of Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City to the satisfaction of the Acting Director, Community Planning, Toronto and East York District. The owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS.
 

iii. Prior to the issuance of Site Plan Approval, the owner shall convey to the City a public pedestrian easement for the life of the building, across the two publicly-accessible private open spaces (POPS) having a total minimum area of 405 square metres, to the satisfaction of the Acting Director, Community Planning, Toronto and East York District.
 

iv. Prior to the issuance of Site Plan Approval, the owner shall convey to the City a public pedestrian easement for the life of the building, over the mid-block pedestrian mews, to the satisfaction of the Acting Director, Community Planning, Toronto and East York District.
 

v. Detailed landscape and lighting plans will be submitted and approved through the Site Plan Approval process to realize the objective of creating a 'green link' on Wellington Street West to connect Clarence Square with Victoria Memorial Square. These plans will be subject to the approval of the Chief Planner and Executive Director, City Planning and the General Manger, Transportation Services.

 
vi. 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.
 

vii. 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 December 7, 2017, through the adoption of item PG23.9 of the Planning and Growth Committee.

The Toronto and East York Community Council:

1.  Directed the Acting Director, Community Planning, Toronto and East York District, to continue conversations with the applicant and community stakeholders with regard to matters raised in public submissions on the item, in consultation with the Ward Councillor, prior to the July 23, 24 and 25, 2018 City Council meeting.

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

This application proposes to amend the former City of Toronto Zoning By-law 438-86 and comprehensive Zoning By-law 569-2013 to permit the development of a 15-storey commercial use building with retail space at grade and office floor space at grade and above. The existing heritage buildings with office uses are retained as part of the proposal. The proposal includes 309 parking spaces, 211 bicycle spaces and 5 loading docks across four below-grade levels.

Staff have reviewed the proposed Zoning By-law amendments and have determined the proposal to be appropriate for the site.

The applicant has made revisions to the proposal since the initial submission in response to comments from City staff and residents' concerns, reducing the height and incorporating greater setbacks. The development is designed with greater height facing onto Front Street West and a transitional massing to the surrounding buildings.

The proposal provides for a significant amount of new office space and retail uses on the site consistent with the objectives for Regeneration Areas in the Official Plan. The proposed development reinforces the existing and planned built form context within this area of King-Spadina. The proposed 405 square metres of on-site privately-owned publicly accessible open space contributes to the public realm.

Additionally, the proposal will provide Section 37 contributions towards the Waterfront School playground and the Bathurst Quay Neighbourhood Plan, streetscape and public realm improvements and affordable housing.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).

This report reviews and recommends approval of the application to amend the Zoning By-laws.