230 Oak Street - Official Plan Amendment and Zoning Amendment Applications - Request for Direction Report

The applications were appealed to the Local Planning Appeal Tribunal (LPAT) in October 2017. An application for Rental Housing Demolition and Conversion under Chapter 667 of the Municipal Code has been submitted to permit the demolition of 6 existing rental dwelling units on the site. The applicant has proposed to replace all existing rental dwelling units to be demolished within the proposed residential building. A separate staff report to address the Rental Housing Demolition and Conversion application will be brought forward at a later date. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The proposed development has been revised since the original submission to adequately address staff concerns with respect to building height, building separation, proximity to the Don Valley top-of-bank on the east side of the property, and pedestrian connections to Gerrard Street East. This report reviews and recommends that City staff support of the application to amend the Official Plan and Zoning By Law at the Local Planning Appeal Tribunal, subject to conditions.

3. City Council support the revised application to amend Zoning By Law 438-86, for the lands at 230 Oak Street, to have the same intent and effect as the draft Zoning By Law Amendment attached as Attachment 6 to the report dated June 10, 2019, from the Director, Community Planning, Toronto and East York District. 4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By Law Amendments as may be required. 5. City Council authorize the City Solicitor and appropriate City staff to appear before the Local Planning Appeal Tribunal (LPAT) in support of City Council's decision on the proposed Official Plan Amendment and Zoning By Law Amendments. 6. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold any final Order on the proposed Official Plan Amendment and Zoning By Law Amendment until the following conditions are met: a. The owner submits a fee for the preparation of a Section 37 Agreement to the Customer Service Planning Consultant in Toronto Building, Toronto and East York District, in accordance with City Planning fee schedule in effect at the time of payment; b. The owner has entered into an Agreement pursuant to Section 37 of the Planning Act, or other legal agreement, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, and the Section 37 Agreement, or other legal agreement, has been registered on title of the property to the satisfaction of the City Solicitor, that secures the following community benefits and other matters to support the development: i. A cash contribution of $1,200,000.00 for capital improvements to parks and/or streets in Ward 13 in the vicinity of the subject property. The design of the streetscape improvements must comply with the Streetscape Manual or be to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. A cash contribution of $1,200,000.00 for capital improvements to new or existing local community, recreation and/or cultural facilities in Ward 13 in the vicinity of the subject property; iii. Either the provision of on-site affordable rental housing units with a construction cost, excluding land value, of $1,330,000.00, to the satisfaction of the Chief Planner and Executive Director, City Planning, or a cash contribution of $1,330,000.00 for capital improvements to new or existing Toronto Community Housing facilities, including dwelling units, or other affordable housing facilities; iv. The owner agrees to design, construct and maintain two new accessible pedestrian bridges to provide new mid-block pedestrian connections between Gerrard Street East and the subject property, which must each have a minimum width of 3.0 metres and be substantially constructed prior to issuance of the first above-grade building permit for the new tall building, all at the sole expense of the owner. The bridge design must be to the satisfaction of the Chief Planner and Executive Director, City Planning. The community benefit of the two bridges is valued at $670,000.00, which represents approximately one third of the estimated bridge construction costs (the remaining construction costs will be provided by the owner and are not considered a community benefit under Section 37 of the Planning Act). The owner must demonstrate design excellence for the two pedestrian bridges to the satisfaction of the Chief Planner and Executive Director, City Planning. The bridge design must have regard for the character of Gerrard Street East and surrounding lands, integration with the existing railing on Gerrard Street East, appropriate lighting, and consideration for incorporating public art; v. The payments required in items i., ii., iii., and iv. above will be increased by upwards index in accordance with the Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada or its successor, calculated from the date the Section 37 Agreement is registered to the date each such payment is made; vi. In the event the cash contributions required in items i., ii., iii., and iv. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to 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 the vicinity of the subject property; vii. Conveyance to the City of public access easements over two new pedestrian bridges on the subject property that will provide direct access to Gerrard Street East, as well as a public access easement on the subject property between the southerly ends of the pedestrian bridges, to the satisfaction of the General Manager of Transportation Services and the Chief Planner and Executive Director, City Planning; viii. Pursuant to Ontario Regulation 166/06, the owner is required to obtain a Toronto and Region Conservation (TRCA) permit prior to any development and/or site alteration on the subject property; ix. The owner agrees to provide information to the Toronto and Region Conservation Authority that describes how a Limiting Distance Separation Agreement and a Maintenance Easement will be secured through the appropriate development agreement(s), to the satisfaction of Toronto and Region Conservation Authority and prior to approval of a Site Control application and prior to any development and/or site alteration on the subject property; x. In conjunction with a Site Plan Control application, the owner agrees to convey to the City, at nominal cost, prior to the issuance of an above-grade building permit for a new building (Building B) on the subject property, a 4.76-metre wide strip of land to the full extent of the site abutting the west limit of Bayview Avenue, such lands to be free and clear of all encumbrances, save and except for utility poles, in accordance with the City's environmental standards, and subject to a right-of-way for access purposes in favour of the grantor until such time as the said lands have been dedicated for public highway purposes; xi. Prior to issuance of the first above-grade building permit, the owner is required to provide the City with payment-in-lieu of parkland contribution based on a parkland dedication of 714 square metres; xii. The owner must implement the Ravine Stewardship Plan as detailed in Section 8 of the Natural Heritage Impact Study and Ravine Stewardship Plan dated August 2016 prepared by MMM Group. xiii. The owner shall construct and maintain the development in accordance with the version of the Tier 1 performance measures of the Toronto Green Standard that is in effect at the time a Site Plan Control application has been received by the City and has been deemed complete; xiv. The owner agrees to implement any recommended wind mitigation measures identified in a Final Pedestrian Level Wind Study, and, if applicable, any such measures identified in a peer review of the Final Pedestrian Level Wind Study, both to be determined through the review of a Site Plan Control application, to the satisfaction of the Chief Planner and Executive Director, City Planning; xv. The owner shall provide and secure the indoor and outdoor amenity space, and furnishings and appointments thereof, in and adjacent to the existing rental building (Building A) for the use and enjoyment of the tenants of the existing building (Building A) without pass-through of such costs in the rents to tenants. Any proposed changes to the size, location or function of the indoor and amenity spaces as shown in the architectural plans prepared by Sweeny and Co Architects Inc. dated August 15, 2016, shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner agrees to complete the indoor amenity space in the existing building (Building A) and make it available to the existing tenants prior to issuance of the first above-grade building permit for the new building (Building B) or alternative timing to the satisfaction of the Chief Planer and Executive Director, City Planning; xvi. The owner agrees to provide and maintain within the new residential building (Building B) a dwelling unit mix that includes a minimum of 15% three-bedroom dwelling units and a minimum of 25% two-bedroom units; xvii. The owner agrees to secure the rental tenure of 319 existing rental dwelling units to be retained on-site in the existing building (Building A) for a period of at least 20 years beginning from the date that the site-specific zoning by-law amendments come into full force and effect; xviii. Prior to the commencement of any excavation and shoring work, the owner will submit a Construction Management and Community Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager of Transportation Services, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction. The Construction Management and Community Communication Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details, construction vehicle parking and queuing locations, alternate parking arrangements for existing residents for the duration of any affected parking spaces used by existing residents, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community and existing tenants, and any other matters requested by the Chief Planner and Executive Director, City Planning, or the General Manager of Transportation Services, in consultation with the Ward Councillor; xix. The owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development; xx. The owner agrees to haul off-site any private water until the end of the construction dewatering phase. In the absence of a short-term discharge approval, the owner shall ensure any private water (including but not limited to groundwater and construction wastewater) collected from the subject property is hauled away using a hauler approved by The Ministry of the Environment, Conservation and Parks (MOECP) to ensure that no water is discharged directly or indirectly into the City's sewage works and thereby comply with Municipal Code Chapter 681-Sewers; xxi. Prior to approval of a Site Plan Control application, the owner agrees to satisfy the following requirements: A. Submit to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and approval prior to deposit in the Land Registry Office, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System with coordinate values shown on the face of the plan, and delineating thereon by separate PARTS the lands to be conveyed to the City for road widening purposes, the remainder of the site, and any portions of the access driveway to be subject to vehicular easements and any appurtenant easements; B. The owner acknowledges the need for separate applications to the General Manager of Transportation Services for permits to carry out any works involving the construction in, or occupancy of the abutting rights-of-way; C. The owner must make a separate application to the General Manager of Transportation Services for a Bridge Agreement, in respect of the proposed pedestrian bridge connections above the abutting Gerrard Street East right-of-way, designed in compliance with the Pedestrian Bridge Design Principles and Requirements, prepared by LEA Consulting Ltd., dated November 25, 2016; and D. The owner must obtain all necessary exemptions, in the form of a discharge agreement or permit issued in accordance with Section 6 of Chapter 681 of the City of Toronto Municipal Code, to allow the discharge of private water to a City sewer which is otherwise prohibited under Chapter 681 ("Discharge Agreements"), to the satisfaction of the General Manager, Toronto Water, and shall be in good standing under any such Discharge Agreements; c. The Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Official Plan amendment and Zoning By Law amendments are in a form satisfactory to the City, including securing the replacement rental units, rents, tenant relocation and assistance plan and any other related rental matters for the 6 rental dwelling units to be demolished at 230 Oak Street, and are in conformity with Section 3.2.1.6 of the Official Plan; and d. City Council has approved the Rental Housing Demolition Application 13 277898 STE 28 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to demolish 6 of the existing rental dwelling units at 230 Oak Street. 7. City Council authorize the appropriate City Officials to take such actions as are necessary to implement the foregoing, including entering into any Agreements.