Item - 2020.TE14.6

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District, with Attachment 6 amended as follows: 

Under 2. i. replace "H 175 metres" with "H 170 metres";

Under 2. i. replace "H 216 metres" with "H 211 metres";

Revise Map 2 as follows:

Reduce Tower A height from 175.0 metres to 170.0 metres;

Tower A mechanical penthouse, located above a height of 162 metres, will be setback a minimum of 12.0 metres from the west property line;

Reduce Tower B height from 216.0 metres to 211.0 metres;

Tower B mechanical penthouse, located above a height of 203 metres, will be setback a minimum of 6.0 metres from the west side of Tower B.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District, with Attachment 7 amended as follows: 

Under 8. G. replace "HT 175 metres" with "HT 170 metres";

Under 8. G. replace "HT 216 metres" with "HT 211 metres";

Revise Diagram 7 as follows:

Reduce Tower A height from 175.0 metres to 170.0 metres;

Tower A mechanical penthouse, located above a height of 162 metres, will be setback a minimum of 12.0 metres from the west property line;

Reduce Tower B height from 216.0 metres to 211.0 metres;

Tower B mechanical penthouse, located above a height of 203 metres, will be setback a minimum of 6.0 metres from the west side of Tower B.

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

4. City Council is amending the zoning by-laws as set out in these recommendations in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as owner and landlord of the lower strata parcel. The ground lease is administered and managed by the Deputy City Manager, Corporate Services, and the applicant is required to comply with all of the terms of the ground lease, including but not limited to submitting plans for review and approval by the Deputy City Manager, Corporate Services and the General Manager, Toronto Transit Commission, prior to any construction on the lower strata parcel.

5. Before introducing the necessary Bills to Council for enactment, City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 2 Bloor Street West in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. a total financial contribution of $20,000,000.00, whereas City Council recognizes that $500,000.00 has been already been paid to the City into the Planning Act Reserve Account, and the remaining financial contribution in the amount of $19,500,000.00 shall be payable to the City prior to issuance of the first above-grade building permit, with such remaining financial contribution amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment and; the funds shall be directed as follows:

i. $4,000,000.00 directed towards new and/or capital improvements to existing Affordable Housing in the vicinity of the site;

ii. $500,000.00 directed towards streetscape improvements in the vicinity of the site;

iii. the $500,000.00 already paid to the City through previous permissions, forming part of the total contribution shall continue to be directed towards the provision of streetscaping and landscaping improvements to Bloor Street West and Bloor Street East in the vicinity of the lot described in this By-law; and

iv. $15,000,000.00 directed towards community facilities and parks within the vicinity of the site.

b.  in the event the cash contribution referred to in Recommendation 5 a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment 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 that the purposes are identified in Toronto's Official Plan and will benefit the local community;

c. the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site:

i. the publicly accessible open space of not less than 125 square metres fronting onto Yonge Street, as generally shown on Attachment 8 to the report (February 25, 2020, from the Director, Community Planning, Toronto and East York District). The applicant shall operate, maintain and repair the open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  a Phasing Plan for the development in a form and content satisfactory and acceptable to the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services; General Manager, Parks, Forestry and Recreation; Chief Engineer and Executive Director, Engineering and Construction Services; the Toronto Transit Commission; Director, Real Estate Services and the City Solicitor which will be provided in a satisfactory and acceptable manner to the City prior to Site Plan Approval;

iii. a Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and payment for and construction of any necessary improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support the development;

iv. provision and maintenance of a continuous publicly-accessible pedestrian connection from Bay Street, at grade, to the concourse level of the Tower 'A', and connecting to the TTC subway station entrance access below Bay Street;

v. maintenance by the applicant and at the applicant's expense of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the Bay subway station;

vi. prior to the earlier of condominium registration and the first residential use of Tower 'C' the construction, provision and maintenance of a continuous publicly-accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B (as shown on Diagram 1 of Attachment 7) of the report  (February 25, 2020, from the Director, Community Planning, Toronto and East York District) and connecting to the below-grade pedestrian connection located below Yonge Street leading to the Bloor-Yonge subway station;

vii. provision and maintenance of streetscape improvements adjacent to the lot;

viii. prior to Site Plan Approval for each phase of the development, a Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which identifies recommendations for the pedestrian realm and the outdoor areas of the base buildings to mitigate wind impacts year-round, and the owner will implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

ix. prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Engineering and Construction Services and the ward Councillor;

x. warning clauses, to be inserted in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration documents for each south-facing unit within Towers 'A' and 'B' (shown on Attachment 8), to advise of the legal possibility that office or residential buildings may be erected on the lands south of the public lane which runs along the south property line of the site, with undetermined height and massing;

xi. prior to the earlier of condominium registration and the first residential use of Tower 'C' (shown on Attachment 8), relocation by the applicant of the existing public art currently located on the Yonge Street frontage to the new publicly accessible open space required in Recommendation 5.c.i above, and maintenance by the applicant of the public art, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xii. a minimum 4.0 metre wide publicly-accessible pedestrian walkway, inclusive of structural support columns and a minimum 2.1 metre pedestrian clearway, on the south side of Cumberland Street, forming part of the colonnade for the base building of Towers 'A' and 'B';

xiii. construction and maintenance by the applicant of the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate through the Site Plan Approval process;

xiv. amendment to the existing ground lease for the site and related ancillary documents to decrease and surrender the leased lands for the purpose of parkland dedication as it relates to this application only, shall not result in any form of rent reduction or any negative financial implication or loss to the City, and shall be on terms approved by the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor; and

xv. prior to Site Plan Approval for each phase of the development, the owner shall submit a Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, showing no net-new shadow on Jesse Ketchum Park from 10:18 a.m. to 4:18 p.m. during the spring and fall equinox.

6. City Council require that the conditions related to the conveyance of the required parkland dedication having an area of 1,458.6 square metres be satisfied prior to the issuance of the first above grade building permit for the lands, and for greater certainty, the conditions include the partial release of the leasehold interest on the City-owned lands identified for park purposes and conveyance of the strata lands above the lands identified for park purposes, including any required environmental and structural works, all satisfactory to the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor.

7. City Council direct the City Solicitor to secure such matters as outlined in the memorandum from Parks, Forestry and Recreation dated February 24, 2020, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8. 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, Park, 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.

9. City Council direct that Toronto Transit Commission below-grade pedestrian connection in Recommendation 5.c.iv. and 5.c.vi above shall also be subject to the following:

 a. the applicant will complete the Toronto Transit Commission pedestrian connection, at the sole cost and expense of the owner, and at no cost to the City or the Toronto Transit Commission, and a public access easement, or license as applicable, shall be provided to the City concurrently to provide access through the interior of any buildings as may be required to the Toronto Transit Commission pedestrian connection to Bay Subway Station and Bloor/Yonge Subway Station in a manner and form satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and the City Solicitor.

10. City Council determine that the revisions to be reflected in the proposed Zoning By-law Amendments appended as Attachments 6 and 7 to the Final Report (February 25, 2020) from the Director, Community Planning, Toronto and East York District are minor in nature and pursuant to Section 34 of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendments.

The Toronto and East York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a mixed-use development with three towers and a new public park. The site consists of two development parcels divided by a new 1,458 square metre public park fronting on Cumberland Street. The west development parcel will be occupied by two towers, 47 and 61-storeys (Towers 'A' and 'B' respectively), connected by a 9-storey base building. The east development parcel will be occupied by a 75-storey tower (Tower 'C') with a base building ranging from 1 to 3 storeys, and a new 125 square metre publicly-accessible open space on Yonge Street.

A total of 1,595 residential units, 13,754 square metres of non-residential floor area, and 256 vehicle parking spaces are proposed.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with all relevant policies of the Official Plan and Site and Area Specific Policies 211 and 225, and is consistent with the Bloor-Yorkville/North Midtown Urban Design Guidelines, Tall Building Guidelines, and Yorkville East of Bay Planning Framework.

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