250 Dundas Street West - Zoning By-law Amendment Application - Final Report

The application proposes 85 vehicular parking spaces and 589 bicycle spaces. This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), and is consistent with the relevant policies of the Official Plan, and the Downtown Plan. The application proposes significant new Class A office space, family-sized units in the form of 10 percent 3-bedroom units and 27 percent 2-bedroom units, 22 affordable housing units and represents a built form that is compatible with the surrounding context.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry & Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. Prior to the introduction of the necessary Bills to City Council for enactment, the owner of the lands at 250 Dundas Street West shall: a. Submit revised plans, drawings, and studies to reflect the outstanding requirements outlined in the Engineering and Construction Services memo of November 27, 2019, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. b. 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. 6. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the owner will construct and operate up to 22 affordable rental housing units comprised of a minimum 1,013 square metres of residential gross floor area at 250 Dundas Street West, substantially in accordance with the Affordable Rental Housing Terms and Conditions outlined in Attachment 7 to the report dated December 13, 2019, from the Director, Community Planning, Toronto and East York District, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor, the value for which shall be $8,000,000.00. ii. Prior to the issuance of the first above-grade building permit, the owner shall submit a letter of credit, in the City's standard form in the amount of $500,000 to secure for public art on the lands to the satisfaction of the Chief Planner and Executive Director, City Planning Division. The owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and details of the public art process to the satisfaction of City Council; and iii. Prior to the issuance of the first above grade building permit, the owner shall submit a cash contribution of $100,000.00 to secure streetscaping and public realm improvements at the southwest corner of Elm Street and Simcoe Street, in consultation with Neighbourhood Improvements Unit within the Design and Project Management Section, Transportation Services Division, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. Prior to issuance of any building permit, including permits for excavation and shoring, the owner shall enter into a municipal capital facility agreement ("Contribution Agreement") to provide Open Door Affordable Housing Program incentives for up to 22 affordable rental housing dwelling units to be developed on the lands at 250 Dundas Street West, subject to the approval of an Open Door Application by the Executive Director, Housing Secretariat. The owner shall provide such affordable rental housing dwelling units in accordance with such agreement(s) to be entered into with the City, all to the satisfaction of the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the City Solicitor. ii. Prior to the issuance of Final Site Plan Approval, the owner shall have addressed the requirements for the removal of private and City trees on the site and adjacent property as required by the City of Toronto Tree By-law as outlined in the memorandum from Urban Forestry Services staff dated October 31, 2019. iii. Prior to the issuance of the first above grade building permit, the owner shall submit a revised Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the pedestrian realm and any outdoor amenity space on the site and to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning Division. iv. Prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, the Chief Building Official, in consultation with the Ward Councillor, in consultation with the local community, and thereafter shall 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 laneway uses 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 the General Manager, Transportation Services, in consultation with the Ward Councillor. v. As per Toronto Municipal Code Chapter 415-28, prior to the issuance of the first above grade building permit, the owner will be required to convey an off-site parkland dedication equal to the value of the parkland on-site dedication. The subject parkland conveyance is to be free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry & Recreation. vi. In the event that the off-site parkland dedication is substantially less than the value of the on-site parkland dedication, then the owner will be responsible for the shortfall of parkland dedication requirement through a payment of cash-in-lieu, to be paid for prior to the issuance of the first above grade building permit. vii. In the event that the owner is unable to acquire a suitable off-site parkland dedication, after reasonable commercial efforts, the owner will be required to satisfy the parkland dedication requirement through cash-in-lieu. The value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services. The appraisal will be conducted based upon the submission to Toronto Building prior to the first above ground building permit and is valid for six months. Payment will be required prior to the issuance of said permit. viii. The owner shall provide art on construction hoarding, in accordance with the City's START (Street Art Toronto) program. ix. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time. 7. Subject to approval of an Open Door Affordable Rental Housing Program application by the Executive Director, Housing Secretariat, City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal capital facility agreement (Contribution Agreement) with the owner for up to 22 affordable rental housing dwelling units to be developed on the lands currently known as 250 Dundas Street West to secure rents at or below 80 percent of average market rents, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 8. Subject to approval of an Open Door Application by the Executive Director, Housing Secretariat, City Council exempt the up to 22 new affordable rental housing dwelling units to be developed on the lands currently known as 250 Dundas Street West from taxation for municipal and school purposes for the 30-year term of the municipal capital facility agreement. 9. Subject to approval of an Open Door Application by the Executive Director, Housing Secretariat, City Council authorize that the up to 22 new affordable rental housing dwelling units to be developed on the lands currently known as 250 Dundas Street West be exempt from the payment of development charges and be exempt from the payment of planning, park dedication and building permits fees under existing City policy. 10. City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered with respect to the delivery of the affordable rental housing dwelling units as required by normal business practices. 11. City Council authorize staff to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 8 above. 12. City Council authorize the Executive Director, Housing Secretariat to work with the General Manager, Shelter Support and Housing Administration to secure up to 2 housing benefits (for 10 percent of the affordable rental housing), subject to available funding and the execution of the municipal capital facility agreement referred to in Recommendation 7 above. 13. City Council authorize the General Manager, Shelter, Support and Housing Administration or designate to establish with the owner, the terms and conditions of an affordable housing access plan for the up to 22 affordable rental housing dwelling units, satisfactory to the General Manager, Shelter, Support and Housing Administration or designate and in a form satisfactory to the City Solicitor. 14. The payment amounts referred to in Recommendation 6.a. herein to be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City; and 15. In the event the cash contributions referred to in Recommendation 6.a. has not been used for the intended purposes within three (3) years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 11.