Item - 2022.TE32.4

The Toronto and East York Community Council recommends that:

1. City Council amend the Zoning By-law, for the lands at 545 Lake Shore Boulevard West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (April 1, 2022) 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, 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 follows:

i.  At such time as the By-law comes into full force and effect, the owner shall make a cash contribution of $500,000.00 to be allocated towards the provision of affordable housing in the Housing Now development at 150 Queens Wharf Road; 

ii.  Prior to the issuance of the first above-grade building permit for development on Block A as identified in the Zoning By-law Amendment, the owner shall make a cash contribution of $690,000.00 to be allocated towards the provision of affordable housing in the Housing Now development at 150 Queens Wharf Road; 

iii. Prior to the issuance of the first above-grade building permit for development on Block B as identified in the Zoning By-law Amendment, the owner shall make a cash contribution of $2,310,000.00 to be allocated towards the provision of affordable housing in the Housing Now development at 150 Queens Wharf Road;

iv. All cash contributions referred to in Recommendation 3.a.i-iii above, shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made;

v. In the event the cash contributions referred to in Recommendation 3.a.i-iii above, have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

vi. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 545 Lake Shore Boulevard West with a minimum area of 70 square metres at the southwest corner of the property in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and

vii. 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, 1998, and registration of the first condominium for the portion of the site identified as Block B in the Zoning By-law Amendment, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, free and clear of encumbrances, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the privately-owned publicly accessible open space set out in Recommendation 3.vi. above on terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement.

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience in support of the development:

i. the owner shall prepare all documents and convey, a 2.1 metre wide public pedestrian access easement to the City, in a location generally described as a north/south access over the eastern portion of the site between Queens Quay West and Lake Shore Boulevard West, on terms to be set out in the Section 37 Agreement and with details of the location and final design to be determined and secured in the context of site plan approval for the development and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be free and clear of encumbrances, for nominal consideration and at no cost to the City all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement;

ii. the owner shall prepare all documents and convey a public pedestrian access easement to the City, in a location generally described as an east/west connection from Bathurst Street to the central open space courtyard and to the north/south access over the eastern portion of the site referred to in Recommendation 3b.i. above, on terms set out in the Section 37 Agreement and with details of the location and final design to be determined and secured in the context of site plan approval for the development and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be free and clear of encumbrances, for nominal consideration and at no cost to the City all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement;

iii. provisions to require that, in the event of a future severance of the property, the property owners shall enter into an agreement with the City which may take the form of a Limiting Distance Agreement and will be on terms satisfactory to the City Solicitor, which will have the effect of precluding the construction or extension of any building above the heritage building, on the property identified as Block A in the Zoning By-law Amendment;

iv. prior to the commencement of any excavation or shoring work, 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 the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor;

v. provisions that require, prior to the commencement of any demolition, excavation and shoring work, and prior to any building permit the owner shall provide required easements and technical reports to the City for the purposes of reconstruction, maintenance, repair, protection and monitoring of the Garrison Creek Stormwater Sewer that traverses the site to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, as set out in Attachment 11 to the report dated April 1, 2022, from the Director, Community Planning, Toronto and East York District; and

4. Before introducing the necessary Bills to City Council, City Council require the applicant to address all outstanding comments in Section A of the memo from Engineering and Construction Services dated March 30, 2022 in relation to servicing matters, and any subsequent memo prepared in response to applicant resubmission(s) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5. Direction be given to the Chief Building Official and Executive Director, Toronto Building, that City Council hereby implements Site and Area Specific Policy 181, Policy d) set out in Section 7 of the Toronto Official Plan, and exempts the proposed development at 545 Lake Shore Boulevard West set out in the report of the Director, Community Planning, Toronto and East York District (April 1, 2022), from the requirement  to convey land for park purposes as a condition of development as contemplated in Article III of Chapter 415 of the Toronto Municipal Code, as amended.

This application proposes to amend the Zoning By-law to permit a mixed-use development with residential, office and retail uses. There is a designated heritage building on the north portion of the site known as the Crosse and Blackwell building that is proposed to be conserved and re-used for office purposes.  Residential and retail uses are proposed to be located in a new 13 and 21-storey building on the south portion of the site.  The proposal includes a total of 412 dwelling units, 8,938 square metres of office space, 146 vehicle parking spaces and 468 bicycle parking spaces.  A new 70 square metre Privately-Owned and Publicly-Accessible Open Space (POPS) is proposed at the southwest corner of the site. 

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan and Central Waterfront Secondary Plan. 

The proposal conserves a significant heritage building, presents an appropriate built form that is compatible with the surrounding context and proposes public realm enhancements in keeping with the Official Plan and the Central Waterfront Secondary Plan.  This report reviews and recommends approval of the proposed Zoning By-law Amendment.