Item - 2022.TE34.20

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 14 Duncan Street and 180 to 188 Pearl Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 11 to the report (June 13, 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. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits:

a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of two million, eight hundred thousand ($2,800,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards above-base streetscape improvements to Duncan Street and/or Pearl Street, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of seven hundred thousand ($700,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor

c. The financial contribution pursuant to Recommendation 4.a. and 4.b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and

d. in the event the cash contributions referred to in Recommendations 4 a. and 4 b. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions 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.

5. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development:

a. 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 access 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.

b. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            i. Updated Functional Servicing Report;

            ii. Updated Hydrogeological Assessment Report;

            iii. Servicing Report Groundwater Summary Form; and

            iv. Hydrogeological Review Summary Form.

c. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit an application to Toronto Water, Environmental Monitoring and Protection Unit and obtain discharge approval under MCC 681-6.

d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

e. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 14 Duncan Street and 180 to 188 Pearl Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

The Toronto and East York Community Council held a statutory public meeting on June 29, 2022 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 48-storey mixed-use building at 14 Duncan Street and 180 to 188 Pearl Street. The application proposes to integrate existing heritage buildings on site into a new base building containing 6,041 square metres of office space and 564 square metres of retail space, with a new tower above with 369 dwelling units. A total of 410 bicycle parking spaces are proposed, as well as 126 vehicle parking spaces in a four-level underground garage, and two loading spaces at-grade.

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 the City of Toronto Official Plan.