Item - 2020.TE18.11

The Toronto and East York Community Council recommends that:

1. City Council authorize and direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal in support of the revised proposal prepared by architectsAlliance dated April 23, 2020 for the requested Zoning By-law Amendments for the lands municipally known as 1 Front Street West, as described in the report (August 24, 2020) from the Director, Community Planning, Toronto and East York District and subject to Recommendations 2 to 8 below.

2. City Council authorize and direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal in support of the application to amend the Official Plan for 1 Front Street West, generally as described in Attachment 8 to the report (August 24, 2020) from the Director, Community Planning, Toronto and East York District and subject to technical and stylistic changes by the City Solicitor as required.

3. City Council authorize and direct the Chief Planner and Executive Director, City Planning and the City Solicitor to prepare the form of Zoning By-law Amendments to Zoning By-law 438-86, as amended, and Zoning By-law 569-2013 that reflect and implement the revised proposal and the requirements set out in City Council's decision, including the matters to be secured in the Section 37 Agreement with such modification as may be required to implement the revised proposal as described in the report (August 24, 2020), from the Director, Community Planning, Toronto and East York District.

4. City Council authorize City Planning staff to close the city-initiated Zoning By-law Amendment application on the site at 1 Front Street West, file no. 17 125756 STE 28 OZ, after the Local Planning Appeal Tribunal issues the Final Order for the Zoning By-law amendment appeal based on the revised proposal as set out in the report (August 24, 2020), from the Director, Community Planning, Toronto and East York District.

5. City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a. That prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of $4,600,000 dollars to be allocated as follows:

i. $460,000 for the provision of affordable housing in Ward 10;

ii. $460,000 for capital repairs to the existing Toronto Community Housing buildings in Ward 10; and

iii. $3,680,000 towards any combination of the following, at the discretion, and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

A. Local parkland improvements and/or public realm improvements in Ward 10; and

B. Community services and facilities in Ward 10;

b. The payment amount identified in Recommendation 5.a. above 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, calculated from the date of the Section 37 agreement to the date of payment; and

c. In the event the cash contribution referred to in Recommendation 5.a. above has not been used for the determined purpose within three years of the amending Zoning 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, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

6. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience as matters required to support development, in consultation with the Ward Councillor:

a. The owner shall, as part of a site plan process, submit a Pedestrian Wind Level Study acceptable and satisfactory to the Chief Planner and Executive Director, City Planning and securing such mitigation matters through the Site Plan Approval process arising from the accepted studies or reports;

b. The owner shall, as part of a site plan process, submit a Noise and Vibration Feasibility Study acceptable and satisfactory to the Chief Planner and Executive Director, City Planning and securing such mitigation matters through the Site Plan Approval process arising from the accepted studies or reports;

c. A construction management plan with such terms and conditions as may be required prior to Site Plan approval, satisfactory to the Chief Planner and Executive Director, City Planning;

d. The privately-owned publicly accessible space (POPS) of not be less than 1,000 square metres at the southern portion of the property between Bay Street and Yonge Street, as generally shown on the architectural plans by architectsAlliance dated April 23, 2020 to the satisfaction of the Chief Planner and Executive Director, City Planning. Prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary.  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 at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS 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;

e. 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 October 16, 27, 2009 through the adoption of item PG 32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5,6, 7, 2017 thorugh the adoption of item PG 23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time; and

f. The provision of a knock out panel, or panels, for a potential future PATH connection as part of site plan approval.

7.  City Council instruct the City Solicitor to request that Local Planning Appeal Ttribunal withhold issuance of its Order until such time as the Local Planning Appeal Ttribunal has been advised by the City Solicitor that:

a.  The proposed Official Plan Amendment(s) are in a content and form satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning;

b.  The proposed Zoning By-law Amendments are in a form satisfactory to the City, including appropriate Section 37 provisions in Recommendations 5 and 6 above, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.  A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing the benefits and matters of required to support the development outlined in the Recommendations;

d.  The owner has, at its sole expense:

i.  Submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii.  Secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; and

e. The owner has submitted a revised Arborist Report, Tree Protection and Preservation Plan, and revised conceptual landscape plan addressing the City-owned trees along Front Street in a manner satisfactory to the General Manager, Parks, Forestry and Recreation and the owner addresses such requirements as may be required regarding City-owned trees under Chapter 813 of the Municipal Code;

f. The owner has entered into a heritage easement agreement pursuant to section 37 of the Ontario Heritage Act to the satisfaction of the Senior Manager, Heritage Planning and such agreement registered on title to the satisfaction of the City Solicitor;

g. The owner has entered into a Limiting Distance Agreement between the landowners of 1 Front Street West, 141 Bay Street and the City, to be registered on title to the 141 Bay Street property, to the satisfaction to the City Solicitor, that would prevent the erection of a tall building over a portion of the property at 141 Bay Street lot to achieve a minimum of 12.5 metres from the East Tower, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

8. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the recommendations above.

This revised Official Plan and Zoning By-law Amendment  proposes two tall buildings of 45 an 49 storeys (156.9 metres and 168.7 metres respectively) on top of the 5-storey heritage designated Dominion Public Building which is proposed to be altered. The proposal contains a total of 89,385.8 square metres of gross area consisting of 36,164.4 square metres of office; 16,283.6 square metres for a hotel; 5,082 square metres of retail; and 31,604.9 square metres of residential resulting in 408 dwelling units. A three level underground garage is proposed to accommodate 195 vehicular parking spaces.

The applications for Official Plan and Zoning By-law amendments were refused by City Council on May 14, 2019, with directions to use mediation, conciliation or other dispute resolution techniques in the event that the applications are appealed to the Local Planning Appeal Tribunal ("LPAT"). The applicant subsequently appealed the decision to the LPAT. The case management conference took place on January 23, 2020 and a teleconference status hearing took place on May 22, 2020. A third case management conference is scheduled for October 5, 2020.

The revised proposal is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019), and the City's Official Plan.

This report provide details of the revised proposal and seeks Council's support of the revised applications to amend the Official Plan and the Zoning By-laws. This report also provides a recommendation to close the city-initiated Zoning By-law amendment application on the site.