159 and 161-181 Mulock Avenue and 6 Lloyd Avenue - Zoning By-law Amendment Application - Final Report

The proposal would include a total gross floor area of 52,980 m2, of which 43,644 m2 would be for residential space, 7,730 m2 for office space, 1,131 m2 for retail use, 372 m2 (381 m2 including the vestibule) for community agency space and 94 m2 for a restaurant. This site would contain a total of 535 new residential units, of which 525 would be condominium units and 10 would be Affordable Ownership units. A total of 358 vehicular parking spaces are proposed within a 4-level above grade parking garage that would be located along the rail corridor. In addition, a 868 m2 new public park is proposed. 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). The proposed mixed use development conform with the Official Plan policies and are generally consistent with the City's Mid-Rise Buildings Performance Standards; City-wide Tall Buildings Design Guidelines; and Growing Up: Planning for Children in New Vertical Communities. The proposed mixed use development fits within the existing and planned context and is in keeping with the character of this neighbourhood. This report reviews and recommends approval of the application to amend the Zoning By-law subject to conditions before introducing the necessary Bills to City Council for enactment. Provided the conditions are fulfilled, staff are of the opinion that the proposed development is appropriate in this location.

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. City Council accept an onsite parkland dedication by the owner having an area of not less than 868 m2 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. Before introducing the necessary Bills to City Council for enactment, City Council requires the owner to enter into and register on title, to the lands at 159 and 161-181 Mulock Avenue and 6 Lloyd Avenue, an Agreement pursuant to Section 37 of the Planning Act, 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. The owner shall design and construct ten (10) residential dwelling units with a minimum total new floor area of 449 m2 (4,838 ft2) (the "Affordable Units"), within the approved development at 159 & 161-181 Mulock Avenue and 6 Lloyd Avenue, substantially in accordance with the Affordable Ownership Housing Terms and Conditions, with any amendments to such terms as deemed appropriate by the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, in consultation with the Ward Councillor. ii. The owner shall provide and convey at nominal charge the Affordable Units to Toronto Artscape Inc. or a similar non-profit housing provider, for use as Affordable Ownership Housing to be maintained for as Affordable Ownership Housing for at least 45 years on the following terms: a. All Affordable Ownership Housing Units will have at least one bedroom and be no less than 42.7 m2 (460 ft2). b. Seven (7) of the Affordable Ownership Housing Units will have one balcony. c. All Affordable Ownership Housing Units will be constructed to a fully-finished condition and to a similar standard as the units in the remainder of the Development. d. Affordable Ownership Housing Units will have access to all building facilities and amenities on the same terms and conditions as all the other residents. e. The Affordable Ownership Housing Unit layouts and locations shall be generally in conformity with the architectural plans. The final design and location of the units shall be to the satisfaction of the Chief Planner and Executive Director, prior to Site Plan Control approval. iii. The owner shall enter into Agreements of Purchase and Sale ("the APS") for the Affordable Ownership Housing Units with Artscape (or similar non-profit housing provided) and/or the City prior to the issuance of the first building permit for the development phase within which the units are to be provided pursuant to Recommendation 6.a.ii, and the APS will be assignable at no additional cost. iv. Prior to the earlier of condominium registration or first residential use, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 372 m2 (4,000 ft2) Community Agency Space located on the ground floor of the office building, with direct access to the adjacent outdoor space, and subject to the following: a. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Term Sheet 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, the 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 conveyance 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. c. Prior to conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $600,000.00 for future capital improvements to the Community Agency Space. d. The cash contribution referred to in Recommendation 6.iv.c above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building 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 Agreement to the date of payment. e. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Shared Facilities Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Shared Facilities 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. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. 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. ii. 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: 1. Implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Environmental Noise & Vibration Feasibility Study prepared by RWDI and dated August 27, 2019 as well as the Environmental Noise and Vibration Impact Study - Preliminary Response to Third-Party Review Comments dated October 14, 2020, to the satisfaction of the Chief Planner and Executive Director, City Planning. 2. Update the Rail and Safety Assessment prepared by Stantec Consulting Ltd. and dated September 9, 2020 to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. Reconstruction of the City sidewalks to City standards along the frontages of St. Clair Avenue West, Mulock Avenue and Lloyd Avenue, to the satisfaction of the General Manager, Transportation Services. 4. 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. iii. Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a conveyance of 9.7 m along the St. Clair Avenue West frontage of the site. In addition, the owner shall convey a conveyance of 14.3 m as well as a 5.02 m easement (measured perpendicular along the northeast limits of the site), all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor, all as generally shown on the Site Plan (Drawing No. A100 dated February 22, 2021). iv. 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 868 m2 as generally depicted in the Maps/Diagrams of the draft Zoning By-law Amendments. b. The owner shall register a Section 118 Restriction on title, prior to the issuance of the first Above-Grade Building Permit for any building on any part of the lands, to the Parkland, in a form and with priority to the satisfaction of the City Solicitor, agreeing not to transfer or charge all or any part of the Parkland without the consent of the General Manager, Parks, Forestry and Recreation in order to restrict any conveyance other than as contemplated in this agreement. c. The 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 and Recreation. d. The owner is to pay for the costs of the preparation and registration of all relevant documents. The owner shall provide all legal descriptions and applicable reference plans of survey, for the new parkland, to the satisfaction of the City Solicitor. e. 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 April 6,2021, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 7. Before introducing the necessary Bills to City Council for enactment, City Council requires the following: a. The owner shall finalize the form of the draft Zoning By-law Amendments for this development, if any, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. b. The owner shall, at their own expense, initiate the Metrolinx Deviation Process with Metrolinx and their Technical Advisor (AECOM). Through this Deviation Process, Metrolinx and their Technical Advisors would assess the risks associated with not adhering to the RAC/FCM and the Metrolinx Adjacent Development Guidelines. Should the Deviation Process deem the risk to be too great to accept, the owner shall enter into a legal agreement with Metrolinx, absolving Metrolinx of any liability associated with the reductions to the setbacks (19.2 m at the northwest corner of the first level and 23.7 m at the northeast corner of the second level, whereby 25 m is required). c. The owner shall submit to the General Manager of Transportation Services for review and acceptance, a revised Transportation Impact Study addressing the outstanding concerns in their memo dated April 6, 2021. d. The owner shall 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. The owner shall 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.