1306 - 1310 The Queensway - Zoning By-law Amendment - Final Report

The mid-rise building would have an overall height of 38.5 metres, inclusive of mechanical penthouse. The tower heights would be 81.7 and 113.3 metres, respectively, and the podium would have a height of 26.4 metres. The proposed development would have a total gross floor area of 67,458 square metres, which would result in a Floor Space Index (FSI) of 5.72 times the area of the lands. A new 1,575 square metre public park would be provided on the south-east corner of the site and an additional 759 square metres of Privately-Owned Publicly Accessible Space (POPS) is proposed between the buildings. The proposed development 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 application to amend the Zoning By-laws, subject to the conditions outlined in this report.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to draft Zoning By-law Amendments as may be required. 4. City Council accept an onsite parkland dedication by the owner having an area of not less than 1,575 square metres to satisfy the owner's parkland contribution required pursuant to Section 42 of the Planning Act, with such onsite parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor. The subject parkland conveyance is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation. The owner is to pay for the costs of the preparation and registration of all relevant documents. The owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for the new parkland. 5. 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 and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the owner of installing 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. The owner is required to submit a design and cost estimate to be approved by the General Manager, PFR, and a letter of credit equal to 120% of the Parks and Recreation Development Charges payable for the development. The design, cost estimate and letter of credit will be required prior to the issuance of any above grade building permit. 6. City Council instruct the City Solicitor to enter into and register on title to the lands at 1306-1310 The Queensway an Agreement pursuant to Section 37 of the Planning Act with the owner, securing the provision by the owner of the following matters, including all related provisions for indemnity, insurance, financial security, maintenance, HST and indexing, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. Prior to the issuance of the first above grade permit for the development, the owner shall make an indexed cash contribution to the City in the amount of four million dollars ($4,000,000) to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, towards capital improvements in the Ward as outlined in 6.a.ii below. Such cash contribution shall be paid by the owner to the City by certified cheque payable to the Treasurer, City of Toronto. If the owner intends to phase the development, the cash contribution may also be phased to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. In such an event, the phasing of the development and the cash contribution will be agreed upon prior to the introduction of the necessary Bills related to this development to City Council for enactment, and the specific phases of the development and the portions of the cash contribution related to each phase shall be set out in the final zoning by-law amendments included with the Bills and the Section 37 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. If such phasing of the development and cash contribution is accepted by the City, each phased cash contribution shall be made payable prior to the first above grade building permit related to that specific phase of development. ii. The financial contribution outlined in Recommendation 6.a.i above to the City in the amount of $4,000,000 is to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, towards one or more of the following capital improvements within the Ward: a. Streetscape improvements in the area bounded by Bloor Street West to The Queensway and Islington Avenue and The East Mall. b. Improvements to local parks and trails (located in Ward 3). c. Provision of a splash pad at the proposed on-site public park. d. Local community centres. e. Public art on the site at the south-west corner of Queensway and Islington at 1001 to 1037 The Queensway. iii. The financial contribution pursuant to Recommendation 6.a.i and 6.a.ii above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment. iv. In the event the financial contribution in Recommendation 6.a.i and 6.a.ii above has not been used for the intended purposes within three (3) years of the by-law coming into full force and effect, the contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands. v. The owner shall provide and maintain at least twelve (12) rental dwelling units on the lands at 1306-1310 The Queensway as affordable rental housing for a minimum period of 15 years beginning from the date that each such affordable rental dwelling unit is first occupied, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and in accordance with the terms set out in the Section 37 Agreement, including: a. The 12 affordable rental dwelling units shall collectively contain at least 730 square metres of residential gross floor area. b. One (1) of the affordable rental dwelling units shall be a three-bedroom rental unit with a minimum unit size of 100 square metres. c. Three (3) of the affordable rental dwelling units shall be two-bedroom rental units with a minimum unit size of 74 square metres. d. Eight (8) of the affordable rental dwelling units shall be one-bedroom rental units with a minimum unit size of 51 square metres. e. The location and layouts of the 12 affordable rental dwelling units within the approved development on the lands shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. f. The initial rent (inclusive of utilities) charged to tenants upon first occupancy of a new affordable rental dwelling unit shall not exceed the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report. g. After the first year of occupancy of a new affordable rental dwelling unit, the rent (inclusive of utilities) charged to tenants occupying the new affordable rental dwelling unit may be escalated annually by not more than the annual provincial rent guideline, until the tenancy ends. h. Notwithstanding the annual rent increases permitted in subsection 6.a.(g) above, the rent (inclusive of utilities) charged to any tenants occupying an affordable rental dwelling unit shall not be increased to an amount that exceeds the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report. i. If an affordable rental dwelling unit becomes vacant and is re-rented during the 15-year affordability period, the initial rent (inclusive of utilities) charged to new tenants shall be no higher than the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, until the tenancy ends. j. The 12 affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which 70% of the new dwelling units erected on the lands are available and ready for occupancy. vi. The owner shall provide and maintain the 12 affordable rental dwelling units as secured rental housing for a minimum period of 20 years beginning from the date that each such unit is first occupied. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership housing such as life lease or co-ownership that provides a right to exclusive possession of a dwelling unit, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose for at least 20 years from the date of first occupancy. Upon the expiration of the 20-year secured rental period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise. vii. Tenants of the new affordable rental dwelling units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use buildings on the same basis as other units within the development with no separate or additional charges. viii. At least six (6) months in advance of the 12 affordable rental dwelling units being made available for rent to the general public, the owner shall develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning. ix. The Tenant Access Plan will provide that: a. Any affordable rental dwelling units are provided only to tenant households that have demonstrated, to the satisfaction of the Chief Planner and Executive Director, City Planning, they are in financial need of affordable rental accommodation, as the case may be. b. The owner shall consult with the Chief Planner and Executive Director, City Planning, and offer any affordable rental dwelling units to tenant households who have demonstrated need as in 6.a.vii above and who are on such waiting lists as may be specified, prior to making any affordable rental dwelling units available for rent to the general public. c. The owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to ensure, that any accessible rental units are made available for rent to tenant households having one or more household members with special needs, including physical and/or mental limitation. d. When entering into a tenancy agreement for a new affordable rental dwelling unit, the tenant's household income shall not exceed four (4) times the annual equivalent of the rent (inclusive of utilities) for the unit. b. The following matters are also recommended to be secured in the Section 37 Agreement in support of the development: i. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 759 square metres as Privately-Owned Publicly-Accessible Space (POPS) in a plaza between the mid-rise building and the towers and shall provide to the City for nominal consideration public access easements to and over the POPS for use by members of the general public. Such easements to be conveyed to the City prior to Site Plan Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval. The owner shall operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS during the day and night, 365 days of the year. The owner shall have completed the construction of the POPS prior to the first commercial or residential use of the site. ii. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. iii. The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation. iv. The owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning: a. Implementation of any required air quality and odour mitigation or other recommendations, as detailed in the Air Quality and Compatibility Mitigation Study (December 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning. b. Implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise Feasibility Study (December 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning. c. Reconstruction of the City sidewalks to City standards along the frontages of The Queensway and Kipling Avenue, to the satisfaction of the General Manager, Transportation Services. d. Provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning. e. Incorporation of signage to identify the proposed privately-owned publicly accessible open space (POPS). v. The owner shall provide the required onsite parkland conveyance as set out in Recommendation 4 above, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, as follows: a. The owner shall provide a conveyance of land to the City for public parkland, with a minimum size of 1,575 square metres as generally depicted in the Schedules/Diagrams of the draft Zoning By-law Amendments. b. The owner shall design and construct the new public park to Above Base Park Improvements. c. All other conditions including, but not limited to: Parkland Conveyance; Environmental Assessment; Park Construction and Base Park Improvements; Above Base Park Improvements; and Credit Against Development Charges for Above Base Park Improvements as outlined in the memorandum from Parks, Forestry and Recreation dated February 5, 2021, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. vi. The conveyance of any easement or fee simple interest of lands to the City as contemplated in this Recommendation 6, shall be at no cost to the City, for nominal consideration and free and clear of encumbrances to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning as well as the General Manager, Transportation Services, as the case may be, and the cost of preparation and deposit of accepted reference plans shall also be at the owner's expense. 7. Before introducing the necessary Bills to City Council for enactment, require the owner to: a. Finalize the form of the draft zoning by-law amendments for this development, including provisions related to the phasing of the development and Section 37 cash contribution set out in Recommendation 6.a.1 above, if any, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. b. Submit to the General Manager of Transportation Services for review and acceptance, a revised Urban Transportations Consideration report addressing the outstanding concerns in their memo dated February 4, 2021. c. Submit to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance a revised Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development. d. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Urban Transportation Considerations Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services. e. Provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10.