938 - 950 King Street West and 95 - 99 Strachan Avenue - Zoning By-law Amendment Application - Final Report

Considered

• 2021-02-24 · Toronto and East York Community Council · amended

  Decision as filed

  The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 938-950 King Street West and 97-99 Strachan Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 4, 2021) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 438-86, for the lands at 938-950 King Street West and 97-99 Strachan Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 4, 2021) from the Director, Community Planning, Toronto and East York District.

  Show the rest of Decision as filed, 18,977 more characters as filed

  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 bills contemplated in Recommendations 1 and 2 above to City Council for enactment, City Council require the owner(s) to: a. Enter into a Heritage Easement Agreement with the City for the properties at 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including registration of such agreement to the satisfaction of the City Solicitor; b. 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 securing the matters identified in Recommendation 5 and 6 at the owner's expense, with such Agreement to be registered on title to the lands at 938-950 King Street West and 97-99 Strachan Avenue in a manner satisfactory to the City Solicitor; c. the owner has, at the owner's sole expense: i. submitted a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; and, iii. has made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure. 5. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows: a. the owner shall design and construct at least twenty-two (22) affordable rental dwelling units comprising approximately 743 square metres (8,000 square feet) of residential Gross Floor Area within an approved location within the development on the lands; b. the owner shall provide and maintain at least sixteen (16) dwelling units as bachelor affordable rental dwelling units and at least six (6) dwelling units as one-bedroom affordable rental units in the new 14-storey mixed-use building on the lot, as follows, with any amendments to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and in consultation with the City Solicitor: i. the minimum size of the bachelor units shall be at least 27 square metres and the minimum average unit size of the bachelor affordable rental dwelling units shall be at least 27.9 square metres; ii. the minimum size of the one-bedroom units shall be at least 41 square metres and the minimum average unit size of the one-bedroom affordable rental dwelling units shall be at least 41.8 square metres; and, iii. the general configuration and layout of the affordable rental dwelling units in the new 14-storey mixed-use building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the owner shall provide and maintain the affordable rental dwelling units as rental dwelling units for a minimum of 20 years, or if Open Door Incentives are approved then a minimum of 40 years, beginning with the date each such unit is first occupied, with the applicable period of affordability to be referred to as the "Affordability Period". No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least the Affordability Period. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; d. the owner shall provide and maintain the affordable rental dwelling units at ninety per cent (90%) of Average Market Rent for at least the Affordability Period. During the Affordability Period, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act; e. the owner shall provide tenants of all affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 14-storey mixed-use building at no extra charge. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; f. the owner shall provide tenants of all affordable rental dwelling units with laundry facilities on the same basis as other units within the development, with no extra charges for appliances; g. the owner shall provide tenants of the affordable rental dwellings units with access to permanent and visitor bicycle parking/bicycle lockers in accordance with the zoning by-law and on the same basis as other units within the development; h. the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site, including: i. the owner shall agree to develop and maintain an additional 650 square metres (7,000 square feet) (or a reduced area but only if approved by the Executive Director, Housing Secretariat in her sole discretion), for the purpose of affordable rental dwelling units, subject to the City contributing a further three million six hundred thousand dollars ($3,600,000.00) of funding plus Open Door Program Incentives or, if the aforementioned funding is not approved, such lesser number of units proportionate to approved funding, with the units to be provided on the same terms and conditions applicable to the other affordable rental dwelling units as detailed herein; ii. prior to site plan approval, the owner shall apply for Open Door Affordable Housing Program incentives for all affordable rental dwelling units within the development; iii. the owner agrees that the City will have 6 months following the later of submission of the application for Open Door incentives and the zoning by-law amendment contemplated by the report (February 4, 2021) from the Director, Community Planning, Toronto and East York District, coming into full force and effect to approve funding to support the development of the additional 650 square metres of affordable rental housing dwelling units, or such other later timing as may be agreed in writing between the owner and the Executive Director, Housing Secretariat or designate; iv. prior to the issuance of any building permit, including permits for excavation and shoring, the owner shall enter into a municipal capital facility agreement ("Contribution Agreement") with the City to provide Open Door Affordable Housing Program incentives for all affordable rental housing dwelling units to be developed on the lands at 950 King Street West that are approved for Open Door incentives and/or are approved to receive other City funding for the purpose of incentivizing affordable housing (if any). The owner shall provide such affordable rental housing dwelling units in accordance with such agreement(s) to be entered into with the City, all to the satisfaction of the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the City Solicitor; v. that prior to Site Plan Approval for any development on the Site, that the owner submit a revised Landscape Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and that such matters arising from the Landscape Plan, including but not limited to, public realm improvements where appropriate, will also be implemented through the Site Plan Approval; vi. as part of any Site Plan Application for the Site, the owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning and that the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; vii. prior to Site Plan Approval for any development on the Site, the owner's requirement to enter into an Encroachment Agreement with the City for the existing encroachments of existing building facade, canopies and open door encroachment associated with the existing heritage building within the King Street West and Strachan Avenue public rights-of-way, including any such requirements and/or conditions as may be imposed by and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Transportation Services and the City Solicitor; viii. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and 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; ix. requirements for a construction management plan with the general matters included in the Section 37 Agreement, including but not limited to, 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, coordination with adjacent on-going development construction, 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; x. the owner shall provide an acceptable tenant relocation and assistance plan for all tenant households currently residing in one of the existing rental dwelling rooms proposed to be demolished on the lands, addressing the right to return to occupy one of the new affordable rental dwelling units at similar rents and other assistance to mitigate hardship. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; and, xi. once the development is constructed on the lands, the owner shall agree to provide and maintain the remainder of the residential dwelling units (residential dwelling units other than the 22 affordable housing units referred to in Recommendation 5.c. above and any other additional units that may receive Open Door Incentives or other City funding to incentivize affordable housing, which units shall be subject to their own terms and conditions respecting rental tenure), on the site as rental dwelling units, together with the associated facilities and amenities, for a period of at least twenty (20) years beginning from the date of first residential occupancy with no applications for demolition or conversion from residential rental use made during such twenty (20) year period, to the satisfaction of the Chief Planner and Executive Director, City Planning. xii. the owner shall provide an acceptable tenant assistance plan for the tenant household currently residing at 99 Strachan Avenue proposed to be demolished on the lands, addressing assistance to mitigate moving costs. The tenant assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; xiii. the owner shall participate in a working group exercise to the satisfaction of the Executive Director, Housing Secretariat, the General Manager, Shelter Support and Housing Administration and the Executive Director and Chief Planner, City Planning, in consultation with the Ward Councillor, engaging with experienced non-profit affordable housing operators for the purpose of developing a successful and liveable affordable housing program model with potential health and/or social supports, to assist in determining the most desirable layout and number of affordable rental dwelling units within the development, and to inform the affordable housing access plan referred to in Recommendation 13 below; xiv. prior to site plan approval, the owner shall work with City Planning staff to review the detailed design of grade-related retail and live/work units in the context of the post-pandemic retail recovery; and xv. prior to site plan approval, the owner shall work with City Planning staff to further mitigate the potential for privacy and overlook concerns due to north-facing windows. 6. City Council direct the Executive Director, Housing Secretariat to report back to City Council on the availability of further funding relating to the additional 650 square metres of affordable rental units referred to in Recommendation 5.h.i. above within the time period contemplated in Recommendation 5.h.iii. above, including reporting on eligible funding programs from other government partners that may permit securing further additional affordable rental units and related further Open Door Incentives, if applicable, deepening the degree of affordability, or extending the term of affordability. 7. Subject to approval of an Open Door Affordable Rental Housing Program application by the Executive Director, Housing Secretariat, City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal capital facility agreement (Contribution Agreement) with the owner for the provision of Open Door Incentives and other City funding, if approved, for up to 60 affordable rental housing dwelling units, including the 22 affordable rental units referred to in Recommendation 5.c. above, to be developed on the lands currently known as 950 King Street West to secure rents at or below 90 percent of average market rents for a minimum period of 40 years, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 8. Subject to approval of an Open Door Application by the Executive Director, Housing Secretariat, City Council exempt the up to 60 new affordable rental housing dwelling units to be developed on the lands currently known as 950 King Street West from taxation for municipal and school purposes for the 40-year term of the municipal capital facility agreement. 9. Subject to approval of an Open Door Application by the Executive Director, Housing Secretariat, City Council authorize that the up to 60 new affordable rental housing dwelling units to be developed on the lands currently known as 950 King Street West be exempt from the payment of development charges and be exempt from the payment of planning, park dedication and building permits fees under existing City policy and with the exception of fees already paid. 10. City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered with respect to the delivery of the affordable rental housing dwelling units as required by normal business practices. 11. City Council authorize staff to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 7 above. 12. City Council authorize the Executive Director, Housing Secretariat to work with the General Manager, Shelter Support and Housing Administration to secure housing benefits (for 100 percent of the affordable rental housing), subject to available funding and the execution of the municipal capital facility agreement referred to in Recommendation 7 above. 13. City Council authorize the General Manager, Shelter, Support and Housing Administration or designate to establish with the owner, the terms and conditions of an affordable housing access plan for the up to 31 affordable rental housing dwelling units, satisfactory to the General Manager, Shelter, Support and Housing Administration or designate and in a form satisfactory to the City Solicitor. 14. City Council request Transportation Services to examine and report to Toronto and East York Community Council, after the Zoning By-law Amendment has come into full force and effect, regarding the realignment of Permit Parking Area 4I and the exclusion of the lands at 938-950 King Street West and 97-99 Strachan Avenue, from the permit parking area. 15. City Council request the Chief Planner and Executive Director, City Planning, to evaluate whether an area planning or zoning study is required for the Garrison Common North Secondary Plan area, with a priority focus on areas where legacy zoning still reflects the industrial history of the neighbourhood. 16. Authorize the appropriate City officials to make any necessary revisions to the draft zoning bylaw amendments to reflect the recommendations above.

  Clerk’s note

  The Toronto and East York Community Council held a statutory public meeting on February 24, 2021 and notice was given in accordance with the Planning Act.

• 2021-03-10 · Toronto City Council · amended