March 16, Our File No.: Mayor and Members of Council Toronto City Hall 100 Queen Street West Toronto, ON M5H 2N2

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1 March 16, 2015 Our File No.: Mayor and Members of Council Toronto City Hall 100 Queen Street West Toronto, ON M5H 2N2 Attention: Ms. Ros Dyers, Committee Administrator Dear Mayor and Members of Council: Re: Applications for a Zoning By-law Amendment and Site Plan Approval pursuant to Sections 34(1) and 41(1) of the Planning Act with respect to the properties municipally known as 1, 9 & 11 BLOOR STREET WEST and 770, 774, 774½, 776, 778, 780, 782 & 784 YONGE STREET in the City of Toronto (the Site ) We are the solicitors for Mizrahi Development Group (The One) Inc., the registered owners of the properties municipally known as 1, 9 & 11 Bloor Street West and 770, 778, 780, 782 & 784 Yonge Street and the beneficial owners, pursuant to an Agreement of Purchase and Sale, of the properties municipally known as 774, 774½ & 776 Yonge Street in the City of Toronto. The Site is an L shaped property located at the southwest corner of Yonge and Bloor, with frontages of 47.7 m along Bloor Street and 54.9 m along Yonge Street. The Site is currently occupied by six mixeduse buildings ranging in height from 1 to 3-storeys, including a private laneway between the 1 and 11 Bloor St buildings, which Site is accessed from a rear public lane to the southwest with vehicular access from Balmuto Street to the west. The Yonge/Bloor intersection is one of the most important mixed-use intersections within the City of Toronto, with its immediate surroundings displaying a truly urban condition, mixing high-end retail, commercial, residential and office uses, all of which are situated above the Yonge and Bloor subway lines. Over the past decade, in furthering the policies of both the Province of Ontario (including the Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe) and the City of Toronto (as set out in the City of Toronto Official Plan), City Planning Staff and City Council have recognized the importance of this central node through the approval of some of the highest density developments within the City of Toronto, including a 78-storey mixed-use building (built at 75-storeys) at the southeast corner of this same intersection. Prior to undertaking a significant investment in the assembly of the subject Site, our client undertook not only an extensive review of all existing and approved policies and developments within the immediate area, our client also proceeded through an extensive negotiation process to

2 2 attract some of the world s most important retail tenants whose commitment to this important retail strip within the City of Toronto has been non-existent prior to our client s acquisition of the Site and proposal to proceed with the type of world-class development initiated by our client. The One signifies not only the number one retail intersection within the City of Toronto, it signifies the number one retail tenants in the world, who demand The One of a kind architectural and engineering design which has yet to be implemented in the City of Toronto. In order to be in a position to deliver the world class space necessary to attract the type of tenants worthy of this one of a kind Site, our client ensured that the sensational design could be achieved on a clean site, which again, was confirmed prior to our client s formal acquisition of same. Other than one listed building fronting on Yonge Street, for the past number of decades, the remainder of the Site has never been pegged as having any heritage importance whatsoever, our client was confident in moving forward to close on the assembly, with one of the most significant financial commitments ever made by a single developer, which investment is dependent upon the City s consistent application of its own planning policies and heritage policies on the Site and within the surrounding area. As part of our client s commitment to its world class tenants, our client is required to deliver the completed retail space by no later than January of The type of design required to accommodate the new global tenants involves the construction of a new exoskeleton, the engineering of which required our client to immediately demolish the existing buildings so as to move forward with an extensive engineering investigation and excavation of 8 plus levels below grade. Needless to say, while all permits and site preparation work is proceeding in accordance with legally issued permits, and while our client and its consulting teams have held extensive discussions with City Staff well before the submission of the within applications, our client was more than shocked to be faced with claims that they had ignored a previously non-existent heritage concern and a further concern about our client leaving the Site as a vacant parking lot. Firstly, our client, if advised at any time during their due diligence period, that the Stollery s building had some sort of heritage importance, would have never proceeded to close on the land. Furthermore, if our client was advised that the prior altered 100 plus year old building had to be retained, the negotiations with the important global tenants who intend to locate on the Site would never have moved forward. Finally, based upon the acquisition cost of the assembly, to suggest that the Site would remain as a vacant parking lot, simply put, is not a responsible assertion. Existing Planning Framework Both the Provincial Policy Statement (2014) and the Places to Grow: Growth Plan for the Greater Golden Horseshoe (2006) (the Growth Plan ) include policies which promote the Site and surrounding area as one where heights and densities should be optimized. The Site is located within the Downtown Toronto Urban Growth Centre, Intensification Corridor and Major Transit Station Area in the Growth Plan. The Site is located within the Downtown and Central Waterfront area pursuant to the Urban Structure map of the City of Toronto Official Plan, which Site is designated as a Mixed Use Area pursuant to the Land Use Plan map of that same Official Plan. The Site is also subject to Site and Area Specific Policy Nos. 211 and 225, which policies focus

3 3 on the creation of pedestrian connections north of Bloor, with the greatest height ridges and peaks located on the Site and within the surrounding area, where the tallest buildings are intended to be developed. The Site is subject to the old City of Toronto Zoning By-law No as amended, which zones the property CR T7.8 C4.5 R7.8 for the majority of the Site with a small southern portion zoned CR T3.0 C2.0 R3.0 with a height limit of 61 metres to the north and 18 metres at the southerly limit of the Site. The CR zone permits residential uses, including apartment buildings, along with commercial, retail and office uses. The property is also subject to the new City-wide Zoning Bylaw with similar zoning permissions as the old Zoning By-law; CR7.8 (c4.5; r7.8) SS1 (x2492) and CR7.8 (c4.5; r7.8) SS1 (x2486) to the north and CR3.0 (c2.0; r3.0) SS1 (x2546) to the south with the same height limits and use permissions described above. Neither the old and/or new City of Toronto Zoning By-laws reflect the emerging approvals in the area or the Provincial and Municipal policies described above, and as such, City Staff and Council have recognized that the current zoning ought to be amended, as is the case with all of the new developments approved in the immediate surrounding area, in order to implement both the Provincial and local policies affecting the Site and surrounding area. Proposed Development In recognizing the importance of this intersection and the need to attract an international array of tenants to the Site, our client retained a world class team of architects and consultants, including the international firm of Foster + Partners teamed with the local firm of CORE Architects, to begin a consultation process with City Staff, the local Councillor, local residents associations and surrounding neighbours to design an iconic landmark podium and tower above with a quality and design that will be the first of its kind in the City of Toronto. From the outset, our client has realized that this individual property should be considered as an integral part of a larger city building project, requiring not only an extensive review on how the above-grade elements of the building fit into the fabric of the neighbourhood, but which design has also focused on a new standard for an exciting below grade animated path system connecting the Site to both subway lines and the existing array of uses on the north side of Bloor Street and the east side of Yonge Street. Our client s proposed design consists of an 80-storey mixed-use building, inclusive of a base building of 12-storeys in height along the rear laneway, which steps down to 8-storeys along the western portion of the Bloor Street frontage and the southern portion of the Yonge Street frontage. A total of 9 levels of retail space are proposed, inclusive of the first 8 floors of the base building plus one concourse level of below grade retail space on the P1 level, which will be connected below grade to the path system, linking the building to the subway station and retail spaces within the neighbouring buildings. The 9 th to 11 th floors contain mechanical space for the retail and residential components of the building, with a residential lobby area and outdoor amenity space on the 12 th floor, and indoor amenity space on the 13 th floor. The residential condominium units begin at the 14 th floor and continue up to the 80 th floor, with the exception of the 47 th and 77 th floors, which contain mechanical space, all of which results in a proposed nonresidential gross floor area of 19, m 2 and residential gross floor area of 60, m 2.

4 4 The tower, which sits above the 12-storey base building, is located at the northeast corner of the Site. With a floorplate of approximately 815 m 2 of gross floor area, the tower has been engineered with a unique exoskeleton design which serves to showcase the luxuriously-designed, jewelry -inspired structural components of the building on the exterior face of the tower, while leaving the interior retail and residential spaces uncontaminated by structural columns and components. The main pedestrian entrance to both the residential and retail components of the building is located mid-block along Bloor Street, with a large, beautifully landscaped open courtyard area accentuating the entrance. The Bloor Street and Yonge Street frontages will be animated with 8 floors of above-grade retail space, which has been designed as an artistic piece with generous floor to ceiling heights and a large, central atrium space which will be artistically decorated throughout the changing seasons. The proposal includes a total of 544 residential condominium units (514 one-bedroom, 24 twobedroom and 6 three-bedroom units), which development will be served by 8 levels of below grade parking containing 413 residential parking spaces and 194 commercial parking spaces, most of which are contained within parking stackers. The parking garage will be designed to accommodate a valet parking service for both residents and visitors to the development. The entrance to the below grade parking garage and valet parking area, along with entrance to the 3 Type B and 1 Type G/B loading spaces, is located to the southwest of the Site from the rear laneway, which ensures that all traffic and servicing remain screened from all public streets. The proposed design, and the creation of this unique exoskeleton with a highly animated below grade path connection, is a true city building exercise which our client and its consulting team are confident will create the type of development at this important intersection that will not only be enjoyed by the local community, but will be the type of iconic design that will be recognized worldwide as a tourist attraction for all to see. The proposal, with its various components, is a true mixed-use development, which proposal implements the specific policies of the City s Official Plan, which furthermore, recognizes the Provincial policies which all support the type of development proposed by our client. In light of the foregoing, it is our client s respectful submission that the within applications for a Zoning By-law Amendment and Site Plan Approval are worthy of City Staff and Council s approval. Our client and its consulting team look forward to working cooperatively with City Staff, the local community and City Council to bring this worthwhile proposal to fruition. In support of the within applications, enclosed herewith are the following materials: 1. A completed Development Approval Application form; 2. A cheque payable to the Treasurer of the City of Toronto in the amount of $674,077.67, being the requisite application filing fee for the applications for a Zoning By-law Amendment and Site Plan Approval; full sized copies of the Boundary & Topographical Survey prepared by KRCMAR Surveyors Ltd. dated June 11, 2014; full sized sets of the Architectural Plans prepared by Foster + Partners and CORE Architects Inc., including Statistics, Toronto Green Standards Statistics Template, Context

5 5 Plan, Site Plan, Parking Plans, Floor Plans, Roof Plan, Elevations, Section, 1:50 Scale Detailed Colour Elevations and 3D Renderings dated March 6, 2015; full sized copies of the Landscape Plans prepared by The Planning Partnership including Ground Level Layout Plan, Ground Level Grading Plan, 3 rd and 6 th Level Layout Plan, 9 th Level Terrace Layout Plan, 12 th Level Terrace Layout Plan and Details dated March 12, 2015; 6. 5 copies of the Tree Inventory + Preservation Plan + Arborist Report prepared by The Planning Partnership dated February 10, 2015; 7. 5 copies of the Pedestrian Wind Consultation Wind Tunnel Tests Report prepared by RWDI Consulting Engineers & Scientists dated March 4, 2015; 8. 5 copies of the Functional Servicing & Stormwater Management Report prepared by Cole Engineering Group Ltd. dated March 2015; full sized copies of the Servicing and Grading Plans prepared by Cole Engineering Group Ltd. including Site Servicing Plan, Site Grading Plan, Erosion Control Plan, Cross Sections and Drawing Details, dated March 13, copies of the Urban Transportation Considerations Report prepared by BA Consulting Group Ltd. dated March 13, 2015; copies of the Incremental Shadow Study prepared by CORE Architects Inc. dated March 6, 2015; copies of the Planning and Urban Design Rationale Report prepared by Bousfields Inc., including the Community Services and Facilities Study dated March 2015; copies of the draft Zoning By-law Amendment to By-law No including text and schedules; copies of the draft Zoning By-law Amendment to By-law No including text and schedules; copies of the Toronto Green Standards Checklist; and DVD containing electronic copies of items 1 to 15 above, along with an electronic copy of the Computer Generated 3D Massing Model. Should you have any questions, please do not hesitate to contact the writer, or Laura MacCormick, a Planner in our office. Yours very truly, Adam J. Brown Encls. Cc: Councillor Kristyn Wong-Tam Mr. Sam Mizrahi (Mizrahi Development Group (The One) Inc. Mr. Giles Robinson (Foster + Partners) Mr. Babak Eslahjou (CORE Architects) Mr. David Leinster (The Planning Partnership) Mr. Peter Smith (Bousfields Inc.) Mr. Steve Krossey (BA Group)