373 Front Street East and 90 Mill Street - Zoning Amendment and Lifting of the "(h)" Holding Symbol Applications - Final Report

An application to lift the "(h)" holding symbol in the Zoning By-law for the subject lands has also been applied to permit the development as proposed. The proposed affordable housing component of this application are approved for Open Door incentives including exemption from the payment of certain development charges and fees, and property tax rebates for the affordability period of 99 years, all part of the Provincial Affordable Housing Lands Program. The affordable housing component is also consistent with the Affordable Housing Delivery Agreement for the development within the West Don Lands Precinct Plan area. The proposed development as a whole is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the applications to amend the Zoning By-law and the lifting of the "(h)" symbol.

11 to this Report. 3. City Council amend Zoning By-law 438-86 for the lands at 373 Front Street East and 90 Mill Street to remove the "(h)" holding provisions substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 12 to this Report, provided the owner and development partner have satisfied all obligations to remove the "(h)" holding provisions on the subject lands and that such Zoning By-law Amendment will have been enacted concurrently with Recommendation 1. 4. City Council amend the Zoning By-law 569-2013 for the lands at 373 Front Street East and 90 Mill Street to remove the "(h)" holding provisions substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 13 to this Report, provided the owner and development partner have satisfied all obligations to remove the "(h)" holding provisions on the subject lands and that such Zoning By-law Amendment will have been enacted concurrently with Recommendation 2. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 6. Before introducing the necessary Bills to City Council for enactment, require the owner and partner developer 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. Prior to issuance of the first above-grade building permit, the owner and development partner shall make a cash contribution of $300,000 towards parkland improvements in the West Don Lands Precinct Plan area, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; and ii. Prior to the issuance of the first above-grade building permit, the owner and development partner shall either make a cash contribution of $224,000, either as a cash contribution, payable by a certified cheque to the Treasurer, City of Toronto, to be allocated toward local streetscape improvements in the West Don Lands Precinct area, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, or, at the election of the Chief Planner and Executive Director, City Planning and on terms set out in the Section 37 Agreement, the owner and development partner shall secure all or part of the total contribution by letter of credit satisfactory to the City Treasurer for the provision of local streetscape improvements to the undertaken, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The payment amounts identified in Recommendation 6. a.) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the Section 37 agreement to the date of payment; c. In the event the contribution referred to in Recommendation 6. a.) above has not been used for the intended purpose within three years of the Zoning By-law Amendments coming into full force and effect, the 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and d. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. The owner and development partner shall: A. Prior to issuance of the first above-grade building permit, or such later date on terms acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services and provided in the Section 37 Agreement, and at its own cost, design and construct a new public street having a minimum width of 18.5 metres to expand and extend the existing public lane and connect Trinity Street and Cherry Street on the south boundary of 373 Front Street in the location illustrated in the Zoning By-law Amendment on terms set out in the Section 37 Agreement, including but not limited to provisions for construction management, installation of required services, environmental obligations and maintenance guarantee periods all to the satisfaction of the Chief Engineer and Executive Director Engineering and Construction Services and the Chief Planner and Executive Director, City Planning; B. Prior to issuance of the first above-grade building permit, financially secure the design and construction of the new public street to the satisfaction of the Chief Engineer and Executive Director, Engineer and Construction Services; and C. Prior to issuance of the first above-grade building permit, prepare all documents and convey, at nominal cost and free and clear of physical and title encumbrances, such lands as are required for widening to facilitate the new public street referred to in A. above to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; ii. Prior to the first use or occupancy of the building, the owner and development partner shall on terms set out in the Section 37 Agreement; A. Construct and maintain privately owned publicly accessible open space (POPS) consisting of a pedestrian walkway of a minimum 1,480 square metres, and two courtyards in the location generally identified in the Zoning By-law Amendment with specific configuration and design of the POPS to be determined in the context of site plan approval all to the satisfaction of the City Solicitor, and the Chief Planner and Executive Director, City Planning; and B. The owner and development partner shall prepare all documents and convey, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, free and clear of encumbrances and for nominal consideration, a public access easement, including support rights, in perpetuity in favour of the City over the POPS; iii. The owner and development partner will provide a minimum 30 percent of the total residential unit mix and a minimum 30 percent of the total residential gross leasable area as affordable housing units, as defined in the Contribution Agreement; iv. The owner and development partner shall design, construct, finish, and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 465 square metres of Community Agency Space as measured from interior walls, located on the first floor and inclusive of the ground floor entrance, and subject to the following: A. The Community Agency Space shall be delivered 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 Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor; B. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the 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; and C. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the development partner, and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement at no cost and for nominal value to the City in a Base Building Condition, designed and conveyed in accordance with the terms as more particularly detailed in the sublease agreement, 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; and v. The owner and development partner will construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 of the Toronto Green Standard, where appropriate. 7. City Council authorize appropriate City Officials to take such actions as are required to implement City Council decision, including the execution and implementation of the Section 37 Agreement.