1 Front Street West - Official Plan Amendment and Zoning By-law Amendment Application - Decision Report - Approval

The site was the subject of a previous Official Plan and Zoning By-law amendment application approved by the Ontario Land Tribunal (OLT) in 2020. The final order was issued by the OLT in 2022 bringing OPA 507 (By-law 1250-2022 (OLT)) and the amending Zoning By-laws into force and effect (By-law 1251-2022 (OLT) and By-law 1252-2022 (OLT)), and subject to the former Section 37 of the Planning Act. No changes are proposed to the previously approved heights, building envelopes or setbacks of the two towers and no change is proposed to the overall gross floor area permitted on the site. The proposed changes to the development are consistent with the Provincial Planning Statement (2024) and conform to the Official Plan. The proposal conserves a significant heritage building, continues to provide for a contextually appropriate built form, includes public realm enhancements, proposes a mix of uses that supports housing and employment objectives, including the replacement of office and non-residential uses, and provides for a new community agency space as an additional benefit pursuant to former Section 37 of the Planning Act. Staff recommend that Council approve the application.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into and register on title to the lands, a Section 37 Agreement amending the existing Section 37 Agreement registered as Instrument AT6152661, to secure the following, in addition to the previously required services, facilities and matters, to the satisfaction of the Executive Director, Development Review, in consultation with the Ward Councillor, and with the execution and registration to the satisfaction of the City Solicitor: a. the Owner shall design, construct, commission, finish and convey to the City in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 500 square metres of Community Agency Space as measured from the interior walls, located on the ground level in the southwest portion of the Dominion Public Building as shown on drawing A.1.3 Ground Level (Lane) prepared by Architects Alliance, dated April 29, 2025, Revision 5, with access from the south side of the existing building, and all subject to the following: 1. The Community Agency Space shall be conveyed to the City, in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the amended Section 37 Agreement, to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning, the Executive Director, Corporate Real Estate Management, the General Manager Economic Development and Culture and the City Solicitor; 2. the Community Agency Space shall be conveyed to the City prior to the earlier of any condominium registration for any part of the development the lands and any residential occupancy of the lands; 3. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; 4. prior to the issuance of the first above grade building permit for any part of the lands, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction, commissioning, finishing and handover of the Community Agency Space complying with the specifications and requirements of the amended Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; 5. prior to the conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $300,000 for the total finishing costs of the Community Agency Space; and 6. the financial contribution referenced to Recommendation 4.a.5. shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto calculated from the date of execution of the amended Section 37 Agreement to the date the payment is made to the City. 5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.