Item - 2022.TE34.46

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 483-491 Bay Street and 20 Albert Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the June 6, 2022 report 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 Bill to City Council for enactment, City Council require the owner to:

a. enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters identified in Recommendations 4 at the owner's expense, with such Agreement(s) to be registered on title to the lands at 483-491 Bay Street and 20 Albert Street in a manner satisfactory to the City Solicitor;

b. make satisfactory arrangements to withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands.

4. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows:

a. a cash contribution of three million two hundred thousand dollars ($ 3.2 million) dollars to be allocated toward:

i. $1,200,000.00 for capital improvements to new or existing City-owned affordable housing, community, cultural and/or recreation facilities; and

ii. $2,000,000.00 to local area streetscape and park improvements

b. The financial contributions 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; and

c. In the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

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. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of 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 Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

b. the owner will 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, where appropriate, 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 direct the Director, Community Planning, Toronto and East York District and the applicant, in consultation with City Planning, Transportation Services, Parks, Forestry and Recreation and any other necessary City officials, to create a working group and to consult with the local community as part of the Site Plan process, including the local residents association, Business Improvement Area, and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act: a construction and traffic management plan, landscape and public realm plans, building materials and lighting, and other issues as identified in consultation with the Ward Councillor.

The Toronto and East York Community Council held a statutory public meeting on June 30, 2022 and notice was given in accordance with the Planning Act.

This application proposes to amend Zoning By-law 438-86 to permit a 59-storey addition on top of an existing 10-storey office tower (69-storeys total) at 483-491 Bay Street and 20 Albert Street.  The addition entails 3 new office floors and 56 new residential floors with 538 dwelling units.  The gross floor area of the tower addition would be 45,276 square metres and the total gross floor area including the existing building would be 133,949 square metres. The proposed building would have a height of 226.63 metres including the mechanical penthouse.

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

The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area, in the form of a tall building which conforms to the Downtown Plan and generally conforms with the applicable guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower heights and massing. This report reviews and recommends that Council approve the Zoning by-law amendment application.