Item - 2022.TE34.23

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 145 Wellington Street West and 55 to 59 Simcoe Street substantially in accordance with the draft Zoning By-law Amendment attached to motion 1 by Councillor Joe Mihevc.

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 City Council's decision 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 is executed and registered.

4. City Council authorize the City Solicitor to include such Holding provisions in the Zoning By-law as may be necessary to prevent development of the lands until such time as conditions relating to transportation or servicing improvements are satisfied, including:

a. submission of an updated Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Hydrogeological Investigation Report and Hydrological Review Summary Form to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services; and

b. satisfactory arrangements must be made with the Executive Director, Development Engineering and Construction Services, including any necessary agreements with the City for the design and construction of improvements to the municipal infrastructure.

5. 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 four million, four hundred thousand dollars ($4,400,000.00) 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 public realm improvements in the vicinity of the development, to the satisfaction 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 one million, one hundred thousand dollars ($1,100,000.00) 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, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

c. the financial contribution pursuant to Parts 5.a. and 5.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 Parts 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.

6. 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. the owner shall, at its sole cost and expense, construct, provide and thereafter repair and maintain a pedestrian walkways on the lands between the face of the proposed building and the sidewalks abutting the lands along its Wellington Street West and Simcoe Street frontages, with the final length, width, location, configuration and design of such walkways to be determined through the Site Plan Approval process to the satisfaction of the Chief Planner and Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services;

c. through the Site Plan Approval process, the owner agrees to prepare all documents and convey easements to the City as necessary to provide appropriate pedestrian clearways along the abutting streets, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor, generally as follows:

1. to secure a pedestrian walkway on the lands having a minimum width of 1.6 metres from the property line along the Wellington Street West frontage towards the building face, together with rights of support, such lands to be free and clear of all at-grade physical obstructions and encumbrances, except as may be permitted through the Site Plan Approval process at the discretion of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, to a minimum height of 3.0 metres above finished grade, save and except wind mitigation structures above a height of 2.5 metres above finished grade, and subject to a right-of-way for access and construction purposes in favour of the grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes;

2. to secure a 3.0 metre wide pedestrian clearway, along the Simcoe Street frontage of the building, together with rights of support, such lands to be free and clear of all at-grade obstructions, except as may be permitted through the Site Plan Approval process at the discretion of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, to a minimum height of 3.0 metres above finished grade, save and except wind mitigation structures above a height of 2.5 metres above finished grade, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes; and

3. a 6.0 metre corner rounding at the Wellington Street West and Simcoe Street corner of the property, together with right of support, such lands to be free and clear of all encumbrances to a minimum height of 3.0 metres above finished grade, save and except for utility poles at any height and wind mitigation structures above a minimum height of 2.5 metres above finished grade, and subject to a right-of-way for access purposes, including construction access;

d. the owner shall make the following arrangements with respect to public art:

1. the owner shall either:

a. retain the existing public art known as "Marlin" located on the portion of the lands adjacent to the Wellington Street West and Simcoe Street intersection, at its sole cost and expense, including securing its removal, relocation and modification, if required, during construction, in accordance with the terms and conditions of the Section 37 Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning; or

b. prior to the earlier of Site Plan Approval or the issuance of the first above grade building permit for the development, make a Public Art contribution with a value of no less than Five Hundred Thousand Dollars ($500,000.00), either in a cash contribution to the City or in kind or combination thereof in accordance with terms and conditions of the Section 37 Agreement; the Public Art cash contribution will be allocated towards Public Art in accordance with the Public Art program, to the satisfaction of the Chief Planner and Executive Director, City Planning; 

2.  in the event the owner elects to make the public art contribution as described in Part 6.d.1.b. above entirely or partly in cash, the amount of such contribution shall be indexed upwardly in accordance with the Non-Residential Construction Price Index, calculated from the date City Council adopts the zoning by-law to the date of payment; 

3. in the event the owner elects to provide new public art on the lands as described in Part 6.d.1.b. above, the owner will submit a public art plan, detailing the cost estimate, design and construction of a permanent on-site public art installation; the owner shall install, operate, maintain and repair the permanent public art installation at its own expense, in perpetuity; the letter of credit will be released fully, upon inspection that the public art installation has been built as per the public art plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

4. in the event the owner elects to retain the existing public art as described in Part 6.d.1.a. above, prior to the issuance of the first above-grade building permit for the development, the owner shall post financial security to secure the removal, relocation and/or modification of the existing public art in the amount of 120 percent of the value of the public art contribution set out in Part 6.d.1.b. above, and such financial security shall be held for the period of time required for the installation and warranty of the existing public art referenced in clause 6.d.1.a. above, all in accordance with the terms and conditions of the Section 37 Agreement;

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;

f. through the Site Plan Approval process, the owner shall provide for the design and construction of a raised cycle track within Simcoe Street along the frontage of the site, in accordance with City of Toronto standards, at its sole expense, including the following arrangements:

1. prior to Site Plan Approval, the owner shall submit an acceptable functional plan and payment in the form of a certified cheque (amount to be determined) for the implementation of any modifications / additions to pavement marking / signage required on Simcoe Street, to the satisfaction of the General Manager, Transportation Services; and 

2. prior to Site Plan Approval, the owner shall submit a financial security in the form of a letter of credit or certified cheque (amount to be determined) for the cycling infrastructure along Simcoe Street, to the satisfaction of the General Manager, Transportation Services; and

g. the owner acknowledges that the City is contemplating a revised right-of-way design for portions of Wellington Street, which may include a combination of provisions such as a conversion to two-way traffic, an expansion of the pedestrian public realm space, and/or a two-way bikeway along the south side of the street; the owner acknowledges and agrees that, should City Council approve the final revised right-of-way design for Wellington Street prior to the development obtaining Site Plan Approval, a condition may be imposed through the Site Plan Approval process requiring the owner to construct the Wellington Street West sidewalk, curb and bikeway within the portion of the right-of-way abutting the development parcel in accordance with such design, or, at the sole discretion of the General Manager, Transportation Services, requiring the owner to construct the sidewalk and curb within the abutting right-of-way to a temporary condition and provide a payment to the City in the amount required to construct the Council-approved design, such amount not to exceed $250,000 indexed upwardly in accordance with the Non-Residential Construction Price Index, calculated from the date City Council adopts the Zoning By-law to the date of payment.

7. 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 145 Wellington Street West, 53 and 55 Simcoe Street before the second anniversary of the first day on which any part of the site specific By-law comes into effect.

8.  City Council determine that no further notice is to be given in respect of the changes to the proposed by-law under Section 34(17) of the Planning Act.