Request for Direction Report - Zoning By-law Amendment and Rental Housing Demolition Applications - 241 Redpath Avenue

The associated application for Rental Housing Demolition seeks approval to demolish the existing 46 rental dwelling units, which would be replaced within the proposed development. On November 6, 2020, the applicant (MOD Developments (Redpath) Limited Partnership) appealed the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT). The appeal was made without revisions to the original proposal and citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. As part of the approval of Midtown in Focus and the Yonge-Eglinton Secondary Plan (the "Secondary Plan") in July 2018, City Planning was directed by Council to initiate a zoning review for Midtown's 22 Character Areas to implement the directions of the Secondary Plan (the "Midtown Zoning Review"). The intent of the zoning review is to establish specific heights in the Zoning By-law as set out in Policy 5.4.3 of the Secondary Plan. It will also provide clarity on the location, scale and form of appropriate development within each Character Area and implement other policy directions within the approved Secondary Plan. Phase 1 of the Zoning Review is underway and it is anticipated that there will be a community consultation meeting held in early 2021. As part of City Council's adoption of the Preliminary Report for this application, City Planning Staff were directed to evaluate this application as part of the Council-directed Midtown Zoning Review which will result in an area-specific Zoning By-law for the block formed by: Mount Pleasant Road to the east, Broadway Avenue to the south, Redpath Avenue to the west and Erskine Avenue to the north or for the Character Area as a whole. This report reviews and recommends that the City Solicitor together with City Planning staff and other appropriate staff be directed to oppose the Zoning By-law Amendment application, in its current form, at the LPAT. The proposed development does not achieve appropriate tower setbacks nor stepbacks; does not maintain adequate access to sunlight on the existing and proposed expansion of Redpath Avenue Parkette; lacks sufficient open space and landscaping on site; and proposes a 7 and 11-storey base building height that does not conform to Policy 5.3.34(a) of the Yonge-Eglinton Secondary Plan. The proposed tower is not, and cannot, meet the intent of the City's Tall Building Design Guidelines. In addition, the application does not have a satisfactory Functional Servicing Report to address servicing issues. This report also recommends that despite the applicant's appeal of the Zoning By-law Amendment application to the LPAT, City Planning staff continue to work with the applicant's team on revisions to the application to bring forward a proposal, within the context of the ongoing Midtown Zoning Review that represents a supportable development of the site. In its current form, the proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). Additionally, it does not conform to the Yonge-Eglinton Secondary Plan.

405, from the Acting Director, Community Planning, North York District, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council defer making a decision at this time on the Rental Housing Demolition Application (Application File No. 20 151708 NNY 15 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the forty-six (46) existing rental dwelling units at 241 Redpath Avenue, and instruct staff, if necessary, to report on the Rental Housing Demolition Application to City Council at such time as an LPAT decision has been issued regarding the Zoning By-law Amendment application appeal for the lands at 241 Redpath Avenue. 4. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request that the Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendments are in a form satisfactory to the Acting Director, Community Planning, North York District and City Solicitor, including securing the replacement rental dwelling units and rents, the tenant relocation and assistance plan and any other rental related matters as required to conform with Section 3.2.1.6 of the Official Plan; b. City Council has approved the Rental Housing Demolition Application No. 20 151708 NNY 15 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the forty-six (46) existing rental dwelling units at 241 Redpath Avenue; c. the owner has addressed the comments in the Engineering and Construction Services memo dated August 4, 2020, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. The owner has entered into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning for the purpose of securing appropriate community benefits that have been identified as being priorities through the Yonge-Eglinton Secondary Plan, to be based on the value of additional height and/or density beyond what is permitted by the current Zoning By-law, to be registered on title to the lands at 241 Redpath Avenue, including, but not limited to the following: i. the rental housing-related matters identified in Recommendation 4a of the report (February 3, 2021), from the Acting Director, Community Planning, North York District; ii. appropriate community benefits that have been identified as priorities through the Yonge-Eglinton Secondary Plan; and iii. a contribution to the expansion of the City's bike share system in the area, as well as a dedicated, publicly accessible car share vehicle space and services on site. 5. Should the Local Planning Appeal Tribunal allow the appeal in whole or in part, City Council request that the following matters also be secured in a Section 37 Agreement for the development as a legal convenience: a. the owner shall provide a 2.1 metre sidewalk along the frontage abutting the site, subject to preservation of existing mature trees where feasible, to be secured through the Site Plan Control review process; b. access to new indoor and outdoor amenities for all on-site residents; c. a construction mitigation strategy and a communication plan to reduce impacts on remaining tenants; d. an updated wind study that includes a wind tunnel analysis and any associated wind mitigation measures; e. an on-site dog relief area with proper disposal facilities for existing and new residents or a dog relief station within the building; f. a detailed landscaping plan showing soil volumes and species for the proposed trees to be planted on the City owned right of way; g. the provision by the Owner at its expense of a revised Noise Impact Study providing additional analysis of the potential impact from noise emitted by the proposed development on itself and on the surrounding area, to the satisfaction of the Chief Planner and Executive Director, City Planning prior to the issuance of the final Local Planning Appeal Tribunal Order; h. revisions to the Noise Study as may be required through the peer review process, such peer review process to be paid for by the owner, that identify all mitigation measures to be undertaken for this development to be incorporated into the recommendations in the site design; i. a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development; and j. the construction and maintenance of the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management 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 Management Committee, and as may be further amended by City Council from time to time. 6. City Council require an off-site parkland dedication in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor. 7. 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 above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; 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, Parks, Forestry, and Recreation, 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. 8. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement the foregoing.