Item - 2022.TE34.24

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

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 issue 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:

a. a cash contribution of one million dollars ($1,000,000.00) 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

b. the financial contribution pursuant to Recommendation 4.a. 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;

c. in the event the cash contribution referred to in Recommendations 3.a. and 3.b. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming into 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; and

d. prior to the earlier of first residential occupancy or Condominium Registration, the owner shall, at its own sole cost and expense, design, construct and thereafter maintain, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Toronto Transit Commission (TTC), a fully-accessible entrance and below-grade pedestrian tunnel connection from 250 University Avenue connecting to the existing Line 1 (Yonge-University) Osgoode Subway Station in replacement of the stairs located within the Queen Street West sidewalk, generally in the configuration shown on the concept plan included as Attachment No. 10 to the Report (June 13, 2022) from Director, Community Planning , Toronto and East York District.

The estimated value of the foregoing work is a minimum of five million dollars ($5,000.000.00). Further details as to the specifics of the TTC Connection, including: the TTC's design specifications and standards to fully integrate the TTC Connection to the Development; the supply and installation of payment turnstiles/gates by the owner at its sole cost and expense if determined to be required by the TTC; and the entrance connection fee to be paid by the owner to the TTC as a result of the TTC's permission to allow the Owner to connect the Development to the TTC facilities, all of which shall be determined and secured to the satisfaction of the Chief Planner and Executive Director, City Planning and the TTC at the time of and through Site Plan Approval for the Development

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

a. The owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning and the Ward Councillor. 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, in consultation with the Ward Councillor;

b. The owner shall submit a Functional Servicing Report to the City for review and acceptance by Engineering and Construction Services, which will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

c. The owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

d. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a 2.8 metre wide pedestrian clearway along Richmond Street West (north of the existing Bell Canada conduit chamber), together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, 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, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City;

e. As a condition of Site Plan Approval for the Lands, or any portion thereof, the owner shall, at its sole expense provide civil, functional, and traffic control signal plans for the design and construction of a curb re-alignment along the University Avenue frontage, in accordance with the City's Lane Width and Curb Radii Design Guidelines, as required by the General Manager, Transportation Services (the “Curb Realignment”).  As a condition of Site Plan Approval, the owner shall be responsible for constructing the Curb Realignment, along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, generally in accordance with a conceptual plan prepared by IBI Group Architects and dated December 21, 2021 with any modifications determined to be acceptable to the Chief Planner in consultation with the Chief Engineer and the General Manager, Transportation Services through the Site Plan Approval process.

f. As a condition of Site Plan Approval, the owner shall make satisfactory arrangements and enter into any appropriate agreement(s) with the City to complete the Curb Realignment along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure; and the owner shall provide any related Letters of Credit and engineering fees to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

g. As a condition of Site Plan Approval, a Transportation Demand Management Plan, identifying appropriate transportation demand management measures, will be submitted, and will contribute to a demonstrated reduction in travel demand, and shall include, but will not be limited to the following measures: two (2) car-share parking spaces; a $50,000 payment for a bike-share station in the vicinity of the Lands; one (1) car-share membership per unit, offered for the first year of occupancy; one (1) bike-share membership per unit, offered for the first year of occupancy; one (1) pre-loaded Presto card ($100 value), offered for the first year of occupancy; additional cycling-related amenities, including showers and change rooms; and a minimum of two (2) bike repair stations; and/or other transportation demand management measures.

The specific location, configuration, quantity, and design of the transportation demand management measures shall be determined in the context of the Site Plan Application process, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in the Site Plan Agreement for the Development.  The owner shall provide and operate the Transportation Demand Measures identified in the approved Transportation Demand Management Plan, and secured in the Site Plan Agreement for the Development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services. and

h. 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.

6. City Council, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13, permit applications for minor variances from City of Toronto Zoning By-law 569-2013 in respect of the development at 250 University Avenue before the second anniversary of the day on which the Zoning By-law Amendment in Recommendation 1 above is enacted.

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 incorporating the existing Bank of Canada designated heritage building at 250 University Avenue. The application proposes 698 square metres of retail space and 12,063 square metres of office space within the conserved base building and 512 residential units in a new tower addition above. The proposal would integrate an access to the TTC Line 1 Osgoode Station into the ground floor of the building, replacing the existing stairs within the Queen Street West sidewalk. A total of 576 bicycle parking spaces and 46 vehicular parking spaces are proposed in four underground levels, and two loading spaces are proposed on the ground floor.

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.