The filed record
191-201 Church Street - Zoning Amendment Application - Final Report
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The decision
2020-02-26 · Toronto City Council · adopted
As filed
City Council on February 26, 2020, adopted the following: 1. City Council amend Zoning By-law 438-86 for the lands at 191-201 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5.a. to the report (December 19, 2019) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 191-201 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5.b.
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to the report (December 19, 2019) Director, Community Planning, Toronto and East York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 4. Before introducing the necessary Bills to Council for enactment, City Council require the Owner to 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, with such Agreement to be registered on title to the lands at 191-201 Church Street in a manner satisfactory to the City Solicitor. 5. City Council direct that community benefits recommended to be secured in the Section 37 Agreement are a financial contribution in the amount of $ 5,500,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; the funds shall be directed as follows: i. affordable housing, including Toronto Community Housing Corporation within the Ward, in consultation with the Ward Councillor; and ii. community service and facilities space within the Ward, in consultation with the local Councillor. 6. City Council direct that the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site: i. prior to the issuance of the first building permit on the site, the Owner shall provide confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path to the satisfaction Chief Building Official and Executive Director, Toronto Building; and ii. the Owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the Owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate. 7. In the event the cash contribution referred to in Part 5 above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendments coming into full force and effect, City Council authorize the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purposes is identified in the Toronto Official Plan and will benefit the local community. 8. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into a Limiting Distance Agreement between the landowners of 191-201 Church Street, 86 Dalhousie Street and the City, to be registered on title to the 86 Dalhousie Street property, that would prevent the erection of a building above existing height permissions, for the entirety of the 86 Dalhousie Street lot, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 9. Prior to the commencement of any excavation and shoring work, City Council require the Owner to submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, in consultation with the local community, and afterward 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.
On the agenda
As the city filed it
This application proposes to amend the Zoning By-law to permit a 39-storey mixed use development with 482 dwelling units with a total gross floor area of 28,000 square metres at 191-201 Church Street. The proposed building would have a height of 128.5 metres including the mechanical penthouse. The proposal includes four levels of underground parking. The proposal also entails the designation of 4 properties under Part IV, Section 29 of the Ontario Heritage Act.
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The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and conforms to the City's Official Plan This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed development 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 mixed use development that conforms with the relevant Tall Building guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate setbacks and heritage conservation matters. The provision of affordable housing and/or community service and facilities space through a Section 37 contribution and a range of dwelling unit types will help address housing and community issues. Staff recommend that Council support approval of the application.
Staff recommended
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 191-201 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 a to this report. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 191-201 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.
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5 b to this report. 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. Before introducing the necessary Bills to Council for enactment, City Council direct that the owner be required to 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, with such Agreement to be registered on title to the lands at 191-201 Church Street in a manner satisfactory to the City Solicitor. 5. The community benefits recommended to be secured in the Section 37 Agreement are a financial contribution in the amount of $ 5,500,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; the funds shall be directed as follows: i. affordable housing, including Toronto Community Housing Corporation within the Ward, in consultation with the local Councillor; and ii. community service and facilities space within the Ward, in consultation with the local Councillor. 6. The following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site: i. prior to the issuance of the first building permit on the site, the owner shall provide confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path to the satisfaction Chief Building Official and Executive Director, Toronto Building; and ii. that the owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate. 7. In the event the cash contribution referred to in Recommendation 5 has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendments 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, in consultation with the Ward Councillor, provided that the purposes is identified in the Toronto Official Plan and will benefit the local community. 8. Before introducing the necessary Bills to City Council for enactment, City Council require that the owner shall enter into a Limiting Distance Agreement between the landowners of 191-201 Church Street, 86 Dalhousie Street and the City, to be registered on title to the 86 Dalhousie Street property, that would prevent the erection of a building above existing height permissions, for the entirety of the 86 Dalhousie Street lot, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor. 9. 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.
Considered
2020-02-05 · Toronto and East York Community Council · adopted
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 191-201 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 a to this report (December 19, 2020) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 191-201 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 b to the report.
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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. Before introducing the necessary Bills to Council for enactment, City Council direct the owner be required to 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, with such Agreement to be registered on title to the lands at 191-201 Church Street in a manner satisfactory to the City Solicitor. 5. City Council direct community benefits recommended to be secured in the Section 37 Agreement are a financial contribution in the amount of $ 5,500,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; the funds shall be directed as follows: i. affordable housing, including Toronto Community Housing Corporation within the Ward, in consultation with the ward Councillor; and ii. community service and facilities space within the Ward, in consultation with the local Councillor. 6. City Council directs the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site: i. prior to the issuance of the first building permit on the site, the owner shall provide confirmation from both the Hospital for Sick Children and St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path to the satisfaction Chief Building Official and Executive Director, Toronto Building; and ii. that the owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate. 7. In the event the cash contribution referred to in Recommendation 5 has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendments coming into full force and effect, City Council authorize the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purposes is identified in the Toronto Official Plan and will benefit the local community. 8. Before introducing the necessary Bills to City Council for enactment, City Council require that the owner shall enter into a Limiting Distance Agreement between the landowners of 191-201 Church Street, 86 Dalhousie Street and the City, to be registered on title to the 86 Dalhousie Street property, that would prevent the erection of a building above existing height permissions, for the entirety of the 86 Dalhousie Street lot, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor. 9. Prior to the commencement of any excavation and shoring work, City Council require the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager of Transportation Services, the Chief Building Official and Executive Director, Toronto Building, 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.
Clerk’s note
Toronto and East York Community Council held a statutory public meeting on February 5, 2020 and notice was given in accordance with the Planning Act.
2020-02-26 · Toronto City Council · adopted
On the record
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